THE Constitutional Court (ConCourt) yesterday advised the Zimbabwe Women Lawyers Association (Zwla), to approach President Robert Mugabe, in its quest to have the death penalty imposed on murder convict, Shylet Sibanda, commuted to a lesser sentence.
CHARLES LAITON SENIOR COURT REPORTER
Sibanda (32), was convicted of theft of a motor vehicle and of murder alongside her husband Tongai Zireni Mutengerere and a family friend Darlington Nyaungwe in Mutare sometime in October 2010.
Early this year, Zwla approached the ConCourt seeking the enforcement of provisions of the new Constitution that spares women from the death sentence.
However, Chief Justice Godfrey Chidyausiku said Zwla had approached the wrong platform for redress, but should instead have approached the relevant arm of government, which is the Head of State, for recourse.
“You need to approach the executive, the President who has the prerogative of mercy in this matter. If he refuses and intend to proceed in carrying out the execution, then you can approach us to say the applicant (Sibanda) is in danger and her constitutional right is about to be violated,” Justice Chidyausiku said while addressing a Zwla lawyer.
Commenting on the same issue, Deputy Chief Justice Luke Malaba said, it was important for Zwla to appreciate the concept of separation of powers within the three arms of the State.
He added: “Go and tell those who are holding the woman that they should not execute her, the minister himself admits in his affidavit that death sentence cannot be carried out. There is no question of interpretation of the law; there is no likelihood that the execution will proceed.”
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The matter was eventually postponed sine die to allow Zwla time to approach the President for redress.
In its argument, Zwla had said, the mere fact that Sibanda was being kept in solitary confinement at Chikurubi Maximum prison, was proof enough to suggest that her death sentence was still in effect.
It also argued that since the capital punishment was imposed by the court, only the court would interfere with such sentence, but its assertion was dismissed by the court.
Sibanda is one of the two women to be slapped with capital punishment since independence.
The other woman, Rosemary Margaret Khumalo (69), who also had been sentenced to death over armed robbery and murder, died in prison last year.
