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Leonard Ncube Victoria Falls Reporter
JUSTICE Minister Emmerson Mnangagwa is stalling the execution of 96 death row prisoners — because he does not believe in the death penalty.
Mnangagwa must sign death warrants to send death row prisoners to the gallows, but the minister yesterday appeared ready to defy the constitution which provides for capital punishment for condemned male prisoners.

“There’re 96 males and one female who were condemned to death by hanging and are on the roll waiting for my signature. I won’t sign because I don’t subscribe to the death penalty,” Mnangagwa told the 15th Annual SADC Lawyers’ Association Conference in Victoria Falls.

Mnangagwa said he would soon appeal to President Mugabe and Cabinet to commute the death sentences to lengthy jail terms.

“The way forward,” he told the gathering of lawyers, “is that I would request the Executive and Cabinet to have the convicts reprieved and have their sentences changed into a long time in jail or life imprisonment.”

Zimbabwe has not carried out any executions since 2004, in part because there was no hangman.

Years of unsuccessful headhunting by the country’s Justice and Legal Affairs ended last September with a chilling announcement by Justice Secretary David Mangota: the government had secured a hangman who was “raring to go”.

Little is known of the hangman, who is rumoured to be from Malawi.

A new constitution adopted last year does not permit the execution of women and those above the age of 70.

Currently, 58 countries around the world actively execute criminals, with 90 percent of all executions taking place in Asia.

The Sadc Lawyers’ Association conference which ends tomorrow and draws participants from the Law Society of Zimbabwe and their counterparts from the region, is being held under the theme “Strengthening the rule of law and good governance in the Sadc region: A call for transparent and accountable leadership.”

Minister Mnangagwa, also a lawyer by profession, said the conference was a platform for the region to conduct an audit and strategise on approaches to enhance the rule of law and good governance.

“The rule of law and good governance are prerequisites for sustainable development and therefore national efforts that promote fundamental freedoms as enshrined in the core human rights instruments should be prioritised,” he said.

“I’m pleased to note that the Sadc region has made commendable progress in prioritising good governance,” he said.

He said Zimbabwe had made crucial strides towards attaining regional goals as evidenced by the new constitution adopted last year and urged lawyers to be instrumental in the democratic process.

The minister urged partnership between the government and the private sector and civil society to develop a culture of constitutionalism.

“As lawyers, we’ve a sacred duty to actively participate towards the actualisation of the pledges of democracy enshrined in our constitutions,” he said, adding that there was a need for discipline and decorum.

In his keynote speech, former Mozambican President Joaquim Chissano, who chairs the Africa Forum, said the continent had made momentous achievements moving from one party states to multi-party democracies.

“We as Africans should claim the credit and be proud of these achievements. We’ve moved from one party democracy to multi-party democracy, from life presidency to tenure presidency, unconstitutional changes of government to democratic changes and from mediocrity to meritocracy,” he said.

He said Africa had conquered an era of human rights abuse by minority white settlers through the attainment of independence that brought democracy.

He encouraged member states to embrace provisions of different conventions signed by the region, saying this would bring accountability and transparency.

The former president, who received the Mo Ibrahim Prize for achievement in African leadership in 2007, challenged the association to make a contribution towards the rule of law.

Representing the judiciary, Chief Justice Godfrey Chidyausiku commended the relationship between the legal fraternity and the bench, saying there was regular consultation which had enhanced judicial independence and transparency.

LSZ president Lloyd Mhishi said the protection of the rule of law was at the heart of the legal fraternity.