Zimbabwe does not need to amend its constitution to abolish the death penalty because this is already addressed, according to Veritas Zimbabwe.
The organisation has prepared a brief, attached below, on the death penalty and the new constitution following statements by Justice Minister Emmerson Mnangagwa that he will not sign any execution papers because he does not support the death penalty.
Mnangagwa was sentenced to death in the 1960s because of his involvement in the liberation struggle but was saved from hanging because of his age. He was considered a youth,
Veritas says the current constitution allows the death penalty by saying “a law may permit the death penalty to be imposed” but goes on to restrict the circumstances in which the penalty may be imposed.
- It can be imposed only for murder committed in aggravating circumstances. There is no definition of aggravating circumstances, so if it were to imposed, it would be up to the courts to determine on a case-by-case basis what circumstances are sufficiently aggravating to justify a sentence of death.
- It cannot be a mandatory penalty; a court must have discretion whether or not to impose it.
- It cannot be imposed on men or boys younger than 21, or on men older than 70.
- It cannot be imposed on women, whatever their age.
- Anyone sentenced to death must be allowed to seek clemency from the President.
The organisation says it is therefore not necessary to amend the constitution to abolish the death penalty.
The Zimbabwe African National Union-Patriotic Front has enough legislators to amend the constitution if it wishes.
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