Zimbabwe’s Constitution Making Process and the Death Penalty: A Philosophical Reflection

Abstract

The institution of capital punishment has a long history. Despite growing consensus that the institution of capital punishment is not inherently sacrosanct and that it breaches fundamental human rights, the present Zimbabwean constitution embodies capital punishment as a penalty to a number of serious crimes such as high treason and murder. This paper reflects upon the justification of capital punishment in Zimbabwe’s present constitution and the possibility of it being retained in the current process to rewrite the constitution despite widespread calls for its total abolition primarily because it fundamentally breaches, among others, human rights, the sanctity of life and human dignity. Over the years, capital punishment has been viewed from a tripartite perspective, that is, as a deterrent, reformative and retributive measure. First, the paper argues that a reexamination of capital punishment is both necessary and practical as part of the new vocabulary of concern that has redefined the death penalty as a human rights issue and limits of government power. Second, the paper submits the thesis that death penalty is not compatible with respect for human life, human dignity and respect for human rights thereof. Finally, the paper recommends the abolition of the death penalty in Zimbabwe’s current constitution making process so that it can join progressive nations that have already abolished it.