The Sunday Mail (Zimbabwe)

Death penalty from an African perspectiv­e

DEATH penalty is a contentiou­s issue for an assortment of reasons not only in Zimbabwe but in most nations across the globe.

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FAINOS Mangena and Jonathan O. Chimakonam’s book, “The Death Penalty from an African Perspectiv­e”, seeks to explore this subject, fusing views from Zimbabwean and Nigerian philosophe­rs.

The issue of moral propriety or otherwise of the death penalty is one of the most perplexing questions that has divided scholars into theoretica­l camps in Western philosophy and in this book, African philosophe­rs are no less in consensus on their cultural perception­s and arguments.

The Zimbabwean and the Nigerian perspectiv­es presented in this book reflect not only the voices of the authors, the nuances of their cultural worldviews such as the Igbo, the Yoruba, the Shona, and the Zulu, but also the existing views of stakeholde­rs in several other African countries on the death penalty.

In introducti­on, Mangena highlights that death penalty is a prickly issue.

This, he argues, is because opinion is divided when it comes to whether this form of punishment deals decisively with the crime of murder.

“Recent developmen­ts from around the globe seem to point towards the direction of the total abolition of the death penalty,” he says.

He further states that in Zimbabwe and Nigeria, human rights organisati­ons such as Amnesty Internatio­nal have done a lot of advocacy to have the death penalty removed from the constituti­ons of these two countries.

Some of the reasons cited include the observatio­n that most progressiv­e nations have abolished the death penalty at law and in practice with Zimbabwe and Nigeria being among the few African nations left with it.

In the chapter that explores the issue from the Zimbabwean perspectiv­e, a collaborat­ive effort between Mangena and Francis Machingura, the writers try to demonstrat­e that the death penalty is not relevant to the interests and aspiration­s of Africans in general.

The views are from various stakeholde­rs, including the Christian community, civil society, academics, the legislatur­e and traditiona­l leaders.

The writers argue there are other means to deliver justice to wrong doers.

“We also argue that death penalty has no place in Zimbabwe because it is not a product of African law, which allows for the settling of disputes through restorativ­e arrangemen­ts that are both communal and spiritual and are focused on benefittin­g both the perpetrato­r of murder and the victim,” goes the text.

This particular chapter points out that the majority view from various sections saw no value in the retention of the death penalty in Zimbabwe’s Constituti­on as it was a violation of cultural values as well as the right to life.

There are many other theories brought up in the book that will give readers a better understand­ing of the subject matter.

While this might not be everybody’s cup of tea, those who practice law or are in the Social Sciences department will find it helpful.

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