This is an appeal against the judgment of the High Court Harare, handed down on 21 November 2018, convicting the appellant of murder with actual intent as defined in section 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Act”) and sentencing him to death.The automatic appeal ...
This is an appeal against the judgment of the High Court Harare, handed down on 21 November 2018, convicting the appellant of murder with actual intent as defined in section 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Act”) and sentencing him to death.
The automatic appeal is against the sentence of death.
After hearing submissions from counsel for both parties, we, with their consent, dismissed the appellant's appeal and indicated that reasons would follow in due course. These are they.
In spite of the order having been granted with the consent of the parties, reasons for the granting of that order are necessitated by the appellant having been sentenced to death, which, in terms of section 48(2)(e) of the Constitution, entitles him to an application for pardon or commutation of the penalty to the President, which requires the judgment of this Court.
In terms of subsection 2(b), a final judgment of this Court is required for the execution of the death penalty.
Section 48(2)(b) and (e) of the Constitution provides for such circumstances as follows:
“(2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and —
(a)…,.
(b) The penalty may be carried out only in accordance with a final judgment of a competent court;
(c)…,.
(i)…,.
(ii)…,.
(d)…,.
(e) The person sentenced must have a right to seek pardon or commutation of the penalty from the President.”…,.
