Zimbabwe’s ongoing debate over the death penalty has sparked intense discussions, with high crime rates emerging as a significant obstacle to abolition. In contrast to international pressure and human rights concerns, many Zimbabweans remain skeptical about scrapping capital punishment.
The Death Penalty Abolition Bill, which has been on the table since 2023, aims to amend Zimbabwe’s Criminal Law Code and the Criminal Procedure and Evidence Act. The bill would ban capital punishment and mandate resentencing for existing death row inmates. Currently, there are 63 people awaiting execution in Zimbabwe.
Surge in violent crimes
Lately, the country has been facing a disturbing rise in violent crimes such as murder, rape, and armed robbery. Notably, the nation witnessed a staggering 45% increase in crime rates in the first quarter of 2023, followed by an 11% rise from January to August 2024.
In addition, Zimbabwe’s high unemployment rate, particularly among youth – 35%, and the El Nino-induced drought which affected 47.5% of the population have further exacerbated the situation.
The National Prosecuting Authority handled over 500 murder cases last year, prompting Prosecutor General Justice Loice Matanda-Moyo to express concern over the rising violent crime rate in her 2023 annual report.
“In 2023, the National Prosecuting Authority of Zimbabwe (NPAZ) received 505 murder cases and successfully prosecuted 359, achieving a clearance rate of 71.8%. The rising number of murder cases is alarming, and we join the chorus advocating for an expansion of High Courts nationwide to effectively address this issue”, she said.
Opposition to and support for death penalty
A recent survey conducted by Zimbabwe’s Portfolio Committee on Justice, Legal and Parliamentary Affairs regarding the Death Penalty Abolition Bill revealed that only a minority of Zimbabweans believe the death penalty is necessary for maintaining public safety citing the principle of “an eye for an eye”. The survey, which was part of public consultations, aimed to gather views on the bill that seeks to amend existing statutes providing for the imposition of the death penalty.
Some participants in the survey expressed their frustration and pain, sharing that they have seen individuals who murdered their loved ones walking free. This has ignited controversy about the death penalty, with some citizens calling for its imposition on those convicted of violent crimes like rape and robbery.
Melody Machinya, who supports the death penalty, expressed the emotional pain and sense of injustice experienced by families of victims.
“I disagree because some are serving only six years and then are released. Right now, I’m seeing the person who killed my brother working freely,” she said.
Continued calls for abolition
Despite these challenges, Zimbabwean human rights groups and civil society organizations continue to advocate for abolition. They maintain that capital punishment violates fundamental human rights. Every individual has the fundamental right to life, liberty, and security, free from torture or any form of mistreatment. These fundamental rights are guaranteed by global human rights agreements and national laws, including those in Zimbabwe. Zimbabwe’s neighboring countries South Africa, Mozambique, Zambia, and Namibia have all abolished capital punishment.
Human rights groups argue that the death penalty was originally used by colonial powers to quash dissent and opposition to colonial governments, highlighting that in the Zimbabwean culture killing was an unacceptable form of punishment.
Equally important, the effectiveness of the death penalty in reducing crime rates has long been debated. Lucia Masuka, Executive Director of Amnesty International Zimbabwe, states:
“There is no conclusive evidence worldwide that capital punishment deters crime.”
Studies referenced by Amnesty International reveal no discernible connection between the death penalty and decreased homicide rates. Implementing or removing the death penalty does not necessarily impact crime rates.