By Staff Writer
ZIMBABWE has tabled the agenda to end death penalty after gazetting a new Bill to block the inhumane sentence.
The Bill proposes that all those now on death row must be brought before the High Court for re-sentencing.
While life imprisonment might be the maximum, the High Court will be able to take into account all the factors in aggravation and mitigation.
Once re-sentenced , the same convicts will have the right to appeal to the Supreme Court should they be aggrieved with the new sentence if it becomes law.Since 2013 , the Constitution protects the right to life , but states that a law may permit a court , in limited circumstances , to impose the death penalty on men convicted of aggravated murder.
The new Bill now wants Parliament to exercise that constitutional discretion afresh by not permitting courts to pass such a sentence on anyone.
Clause One and Two of the Bill prohibits courts from imposing a death penalty and when the Supreme Court hears an appeal against capital punishment emanating from the High Court , It is obliged to replace it with another sentence.
Clause two of the Bill says “Notwithstanding any other law no court shall impose sentence of death upon a person for any offence , whenever committed , but instead shall impose whatever other competent sentence is appropriate in the circumstances of the case ;The Supreme Court shall not confirm a sentence of death imposed upon an appellant whenever that sentence may have been imposed but imposed , but instead shall substitute whatever other competent sentence is appropriate in the circumstances of the case;no sentence of death, whenever imposed, shall be carried out.”
Clause Four will remove a reference to the death penalty from Section Four of Genocide Act, which allows it to be imposed for the crime genocide.
Since the section allows the death penalty to be imposed even for conduct that does not amount to murder committed in aggravating circumstances, it is unconstitutional.For that reason alone , the section needs to be repealed,” reads the Bill.
Clause Five will remove references to the death penalty from all sections of the Criminal Law Code.The effect of the clause is that the maximum penalty for murder will be imprisonment for life.
Clause six will remove a reference to the death penalty from section Three of the Geneva Conventions Act to be imposed for grave breaches of the Conventions, even if they do not involve murder.
Clause Seven provide for the re-sentencing of prisoners who are under sentence of death and awaiting execution.
These prisoners will be brought before the High Court for resentencing , and the court will have no power to impose any appropriate sentence on them , taking into account all the circumstances including the nature of the crimes they committed , the length of time they have been in prison awaiting execution, their health and the likelihood of their committing further crimes.
