CLAIM: Mugabe was not a fan of death penalty. He said the cries traumatised him when he was in prison.
SOURCE: Social media post
VERDICT: False
Zimbabwe, on the last day of 2024, abolished the death penalty. This followed years of lobbying and political will, especially after President Emmerson Mnangagwa came into power.
However, one account on X, formerly Twitter, claimed that the development has nothing to do with President Mnangagwa as it had been initiated by the late former president, Robert Mugabe; ‘Facts only Mugabe was not a fan of death penalty. He said the cries traumatised him when he was in prison. The lasts (sic) death penalty was 2005. 60 people have since been sentenced to death awaiting retrial. Their (sic) is much mo (sic) the regime can do to protect human rights like repealing MOPA’.
This is not true. President Mugabe was a proponent of the death penalty and acknowledged that while he was, his then deputy, Mnangagwa, was not.
Mugabe spoke about capital punishment in enthusiastic terms, saying it should be used to cut crime.
Speaking at the burial of Don Kwaedza Muvuti, at the National Heroes Acre on November, 1, 2017, Mugabe said, ‘I think let’s restore the death penalty. If you hear people are being executed, know Mugabe’s thinking has prevailed, if not, Mnangagwa’s would have prevailed’.
Zimbabwe’s abolitionist trajectory could be dated back to 2013, when a new constitution replaced the mandatory death penalty for murder with a discretionary sentence that could only be imposed on males aged 21-70 who had been convicted of murder with aggravating factors.
Two years later in 2015, Zimbabwe joined the ranks of abolitionist de facto (ADF) nations, having not conducted an execution since 2005.
Zimbabwe had not carried out any executions since 2005, effectively establishing a de facto moratorium on capital punishment. This prolonged period without executions created momentum for formal abolition.
It’s important to note that the abolition process was not without its challenges. Some sectors of society, particularly those affected by crime, remained hesitant about abolishing the death penalty. However, the combined efforts of human rights advocates, shifting public opinion, political will, and the de facto moratorium ultimately led to the historic decision to abolish capital punishment in Zimbabwe.
The abolition of the death penalty in Zimbabwe followed a multi-step process:
Cabinet Approval: The Zimbabwean Cabinet endorsed the principles for a bill to abolish the death penalty.
Private Member’s Bill: A private member’s bill was introduced in Parliament, initiating the formal legislative process.
Parliamentary Debate and Approval: The bill underwent thorough debate and scrutiny in both the National Assembly and the Senate, with members discussing its implications and potential impact.
Presidential Assent: After passing through both houses of Parliament, the bill was signed into law by President Emmerson Mnangagwa, making it official.
- Abolition Date: December 31, 2024
- Legal Basis: Death Penalty Abolition Act (2024)
- Scope: Abolishes the death penalty for all crimes.
- Resentencing: Individuals currently on death row will be resentenced by the High Court.
Background:
- Zimbabwe had not carried out an execution since 2005.
- The death penalty remained in place for certain capital offenses.
- Civil society groups and human rights organizations advocated for abolition.
Impact:
- Brings Zimbabwe in line with modern human rights standards.
- Ends the possibility of future executions.
Conclusion
It is false that the late former president Robert Mugabe was not a fan of the death penalty. He was. He is on record acknowledging that if it is scrapped, it would be because Mnangagwa, who was anti death penalty, would have prevailed. By the time the law came into effect, Zimbabwe had not carried out any executions for almost 20 years, effectively establishing a de facto moratorium on capital punishment. This prolonged period without executions created momentum for formal abolition.
This comprehensive process, driven by a combination of legislative action, political will, public support, and a de facto moratorium, ultimately led to the historic abolition of the death penalty in Zimbabwe.
