The Death Penalty in Zimbabwe: Constitutional Challenges and the Path Forward

Zimbabwe retains the death penalty for murder and certain other offences. Section 48 of the Constitution of Zimbabwe 2013 permits the death penalty but restricts its application — it may only be imposed on men aged 21 or over, and may not be imposed on women or persons who were under 21 at the time of the offence.

The constitutional validity of the death penalty has been challenged in several cases, with arguments based on:

• The right to life under section 48
• The right to human dignity under section 51
• The prohibition on torture and cruel, inhuman, or degrading treatment under section 53

The Supreme Court has upheld the constitutionality of the death penalty, but the Constitutional Court has not yet definitively ruled on the matter.

I would like to discuss:

1. The prospects for a successful constitutional challenge to the death penalty
2. The role of international human rights law in the constitutional analysis
3. The practical experience of practitioners representing death row inmates

This is one of the most important human rights issues in Zimbabwean law.