The
joint
Portfolio
Committee
on
Justice,
Legal and Parliamentary Affairs, along
with
the Thematic
Committee
on
Human Rights
conducted public
hearings on
three
bills including
the death
penalty
abolition
bill
(H.B 5. 2023),
Administration
of
Estate
Amendment
Bill
(H.B
.3, 2024)
and Criminal Laws
Amendment (Protection
of
Children
and
Young
Persons)
(H.B.4,
2024)
at
Selborne Hotel
in Bulawayo
on
Wednesday.
The
hearings were
led
by
the chairman of
the
thematic
committee
on
human
rights,
Robson
Mavenyengwa.
The
death penalty
abolition bill (HB5
2023)
is
a private
members bill that was
introduced
in
parliament
seeking
to
abolish
the
death
penalty
for
all
crimes
in
Zimbabwe.
Death penalty, also known
as
capital punishment is
a
process
of
putting
a
person to
death as
a
punishment
for
a
crime.
The
use
of
the
death
penalty
in
Zimbabwe dates
back
to the
colonial
era
and
until
the
enactment
of
the
Constitution
of
Zimbabwe
amendment
number
20
of
2013,
the death
sentence could
be imposed
for serious
criminal
offences
like
murder,
attempted
murder,
and incitement
to commit
murder, treason, genocide and
terrorism
acts.
Speaking
during
the
public hearing, a resident Themba Chiveya said
the
death
penalty
bill
should
be
abolished highlighting
the
potential
for miscarriages
of
justice and
its
colonial
legacy.
“From what
has
been read, we realise that
the
death penalty
was a
colonial
kind
of
sentence
which
was
meant
to silence
political opponents,
so
it
has
its
roots
in
the
colonial
era. Let’s abolish
this
death
penalty,”
he
said.
“My
second
submission
is
that
the
judicial
system
or
the
justice
system
can
miss
certain
points
in
sentencing
or
hearing
a
case
of
a
person
who
is
being
brought before
the
court
maybe
for
murder
or
something,
they
might
miss
certain
points
and
end
up
sentencing
a
person
to
death,
the
person
would
be
hanged
and
later
on find
out
that
the
person
was
innocent,
the
court
missed
certain
facts
about
the
case
but
if it
is a
life
sentence
along
the
passage
of
life
if
we realise that
the
court
had missed
certain
facts
about
the
case
then
that
person
can
get
justice,
I
am
strongly
underlining
and
putting
it
in
bold
that
lets
abolish
the
death
penalty,”
said Chiveya.
Another
Participant,
Witness Tavarwisa highlighted
cultural
perspectives
and
the
lack
of
social
sustainability
brought
by the
execution.
“In
our
culture,
we had
our
ways in
which
we
did
things
when
looking
at
someone
who
would
have
committed
a
crime. Secondly,
it
is
difficult
to
define
the
term
aggravated,
this
is a
borrowed word
that
even
compromises
the
sentence.
The
death
penalty
should
be
abolished as
it
does
not
bring
social
sustainability
to
the
family
of the
victims,”
said Tavarwisa.
He
said executing
the murderer doesn’t bring
back the
deceased relative.
In
addition,
another
participant, Thembelihle
Ndlovu from
Ward
19
said the
death
sentence
should
be abolished saying
individuals
must
be
allowed
the opportunity to
rectify
their
actions.
“What will
happen
if
after
five
years
they
discover
that
it
was a
false accusation we
would
have
deprived
them
of
their
right
to
life
and
deprived him to
take
care
of
his
family,
so
I
think
let
us
abolish
it,”
said
Ndlovu.
Concerns
about
gender
and
age
discrimination
were
also
raised
by
participants,
who
called
for
the abolition of
the
death
penalty
on
these
grounds.
“It
says
men
from
21-70,
which
implies
that
women
cannot
also
commit
such
crimes
also
do
they
mean
they
are
not
capable
of doing
the same,
so
it
should
be
removed
as
it’s discriminating targeting
men
only,”
she
said.
Her
sentiments
were
also
echoed
by
another
participant
who
said the
death
penalty
bill
discriminates
against
age
groups.
“It
says
21-70 years only
males
not
females,
so
it
gives
an
advantage to
Juveniles
less
than
21
years
to
murder
knowing
they won’t get
the
death
penalty
and
those
above
70
can
murder
too,
even
those
with
money
will
use
the
Juveniles,
women
kill
men
with
hot
water
but
they
are
not
given
the
death
sentence,
so let’s abolish
the
death
penalty,”
he
said.
Beauty
Thebe
from Emganwini said
those
who
killed
people
during
Gukurahundi
were
never
persecuted
despite
committing
heinous
crimes.
“The
death penalty
should
be removed
as death
is
painful
to
everyone,
I
also
lost
four
people
at
the
same
time
in
rural
areas,
villagers
kept
quiet,
they
were
even
scared
to
pick
up
dead
bodies
because
of
fear
of
the
person
who
had
sent
people
to
kill,
those
people
who
were
sent
were
not killed. I
am
talking
about
things
that
happened
around
1985,
people
were
killed,
those
people
who
killed
people
are
still
alive
today
because
they
have
money,
those
of
us
who don’t have
if
we
strangle
someone
and
they
die,
we
are
given
a
death
penalty,
what
about
them,
so
better
abolish
it
because
those
who
kill
for
a
benefit
are
not
killed,”
said
Thebe.
Another
participant
Lebohanga expressed
concerns
about
Zimbabwe’s
investigative
capabilities
and
the
potential
for
wrongful
convictions
due
to
economic
disparities.
“Not
everyone
can
afford
forensic
studies
so
in
some
cases
we
have
people
being
found
at
a
crime
scene
being
arrested
because
they
cannot
afford
good
lawyers,
as
our
economy
is
not
stable
so
I
don’t
think
the
death
penalty
should
continue,”
she
said.
However, some participants
voiced
support
for retaining the
death
penalty,
arguing
that
it
serves
as
a
deterrent
against
crime
and
ensures
justice
for
victims.
“If
it
is
there
it
makes
people
fear committing
crimes,
there
are
a
lot
of
painful
experiences
happening
to
women
by
people
knowing
they
will
eat
free
beans
in
jail
for
life. what
will
happen,
if
someone
kills
someone
he
should
also be
killed as
they
knew
it
was
not
allowed,
the
death
sentence
should
not
be
abolished
as
they would
be now
free,”
said
one
participant.
In
addition, another
participant
who
identified
himself
as
Gwebu cited rising
crime
rates
in
countries
that
have
abolished
the
death
penalty,
advocating
for
its
retention
as
a
means
of
deterring
criminal
behaviour.
“Look
at
the
crime
rate
of
countries
who
abolished
this
law,
in
our
neighbouring
country
people
are
dying
every
day,
so
let’s
look
at
it
this
way,
if
someone
killed
someone
who
also
wanted
to
live,
it
should
also
be
their
end,
some
people
who
want
to
be
defended
here
are
known,
they
want
this
law
to
be
removed,”
he
said.