29 death row inmates resentenced

Source: 29 death row inmates resentenced – herald

Tanyaradzwa Rusike

TWENTY-NINE former death row inmates have been resentenced by the High Court, with 19 other cases still pending before the courts, following Zimbabwe’s historic abolition of capital punishment last year.

The resentencing process is part of a broader judicial review involving 48 inmates whose sentences are being reconsidered under the new legal framework.

This follows President Mnangagwa’s signing of the Death Penalty Abolition Bill into law on December 31, 2024.

Justice, Legal and Parliamentary Affairs Permanent Secretary Mrs Vimbai Nyemba told The Herald that following the passage of the Death Penalty Abolition Act, a stakeholder coordination meeting was held in February to develop an action plan for resentencing individuals.

“The Zimbabwe Prisons and Correctional Service provided the Judicial Service Commission with 21 records, which included information on 48 inmates on death row,” she said.

“This submission is intended to facilitate the review and resentencing process for these individuals.”

The inmates were convicted of murder under aggravating circumstances, including premeditation, extreme violence or the loss of life involving vulnerable individuals such as children or older adults.

Mrs Nyemba said the High Court was actively working to finalise all cases and progress was being made.

“Out of these cases, 19 remain pending resolution, while 29 inmates have been resentenced and received a range of alternative penalties,” she said.

“These sentences differ considerably, including options such as extended custodial terms and life imprisonment, based on the unique circumstances of each case.

“At present, there are still 19 inmates whose situations remain unresolved.”

Abolition of the death sentence, she added, marked a deliberate shift from a punitive and retributive justice system to a more rehabilitative approach.

“The abolition of the death penalty represents a significant and progressive advancement for Zimbabwe, which had previously maintained a moratorium on executions,” said Mrs Nyemba.

“The Constitution of 2013 had partially terminated the application of the death penalty, limiting its enforcement to instances of murder under aggravating circumstances.

“Notably, the imposition of this sentence was prohibited for women, individuals under the age of 21 at the time the offence was committed and those over 70 years of age.

“The complete abolition of the death penalty finalises this reform and highlights the importance of the right to life, as well as the promotion and protection of the rights to equality, human dignity and freedom from torture, cruel, inhuman or degrading treatment or punishment, among other fundamental rights.”

Mrs Nyemba said Zimbabwe’s decision aligns with international and regional calls for the abolition of capital punishment.

“By abolishing this practice, Zimbabwe contributes to the global discourse against capital punishment, thereby encouraging other member states to consider similar actions,” she said.

“The Act has amended various provisions within the Criminal Procedure and Evidence Act, the Criminal Law Codification and Reform Act, the Genocide Act, the Geneva Conventions Act and the Defence Act.”

Mrs Nyemba said individuals previously sentenced to death represented a risk to society.

“These individuals have committed serious crimes that our judicial system has deemed so severe that they do not warrant mercy,” she said.

“The State is committed to upholding its principles and distinguishing itself from such unacceptable behaviour. While we support the pursuit of leniency, it is crucial to recognise the gravity of the actions committed by these individuals.”

Since independence, the country has carried out 105 executions, with the last one being conducted in July 2005.