[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

Jan. 31




ZIMBABWE:

Death Penalty Challenge in the Constitutional Court


This Wednesday, tomorrow the 1st February, the Constitutional Court is due to 
hear an important case, Farai Lawrence Ndlovu & Another v Minister of Justice & 
Another (CCZ 50/2015), in which 2 prisoners, who were sentenced to death 
shortly before the new Constitution came into force, are seeking an order that 
their sentences are unconstitutional. The case has been initiated by Veritas.

The case was originally set down for hearing in September last year but it 
could not be heard then and was postponed.

What the case is about

The court papers for the case are available on the Veritas website.

The applicants were sentenced to death shortly before the new Constitution came 
into force in 2013. The argument in this case is that the new Constitution 
effectively abolished the pre-existing law that provided for the carrying out 
of the death penalty. Therefore, although they may have been sentenced lawfully 
it was argued that their sentences cannot be carried out.

After the applicants noted their application to the Constitutional Court the 
law was amended to reinstate the death penalty, but the amendment cannot apply 
retrospectively so as to validate the carrying out of the applicants' 
sentences. So the case still stands.

Everyone who is concerned about the death penalty is urged to attend the court 
hearing

The court hearing will start at 9.30 am on Wednesday 1st February, 2017 at the 
Constitutional Court - Cnr. Samora Machel Ave and Third Street, Harare.

(source: thezimbabwean.com)