A Critical Analysis of the Death Penalty Abolition Act [Chapter 9:26] and Its Constitutional Validity Under Section 117(2)(b) of the Zimbabwean Constitution

This article critically examines the constitutionality and socio-political consequences of Zimbabwe’s Death Penalty Abolition Act [Chapter 9:26], signed into law on the last day of 2024. While the legislation was hailed globally as a progressive stride towards aligning Zimbabwe’s criminal justice system with international human rights norms, this article challenges the Act’s legitimacy vis-à -vis Section 117(2)(b) of the Constitution of Zimbabwe. This section obliges the legislature to enact laws that promote peace, order and good governance. It is argued herein that the abolition of the death penalty fails to meet any of these benchmarks. Through a contextual, doctrinal and purposive analysis of Zimbabwean constitutional law, the paper posits that the Act poses a serious risk to socio-economic stability, erodes deterrence of aggravated crimes and undermines public confidence in the justice system. Drawing on comparative jurisprudence, socio-legal data and the principles of constitutional supremacy, the article calls for a reconsideration and potential reinstatement of capital punishment for the most heinous crimes. It concludes that progressive reform must be context-sensitive and constitutionally anchored, lest it compromise national peace, order and good governance.