The Legal Affairs Committee of Parliament says ongoing consultation on the death penalty have so far established that the majority of Malawians want it abolished from the statutes.
Committee chairperson Peter Dimba said in an interview on Tuesday they are consulting various stakeholders, including non-governmental organisations, the clergy, chiefs, human rights activists and concerned individuals, especially those directly or indirectly affected by the capital sentence.
The inquiry is aimed at soliciting people’s views on the long-standing debate on whether the death penalty is necessary.
Dimba said: “From the views so far solicited, it is evident that Malawians don’t want the death penalty. Today, we heard views from a wide range of sectors in the Central Region and we will be heading to the Northern Region and Southern Region.”
He said after the nationwide consultations, the committee will come up with a comprehensive report to be presented to the Ministry of Justice for consideration.
On April 28 2021, the Malawi Supreme Court of Appeal ruled that death sentence is unconstitutional because it violates the right to life.
According to Amnesty International, Malawi last carried out an execution in 1992 when 12 people were hanged.
Centre for Human Rights and Rehabilitation executive director Michael Kaiyatsa said the death penalty violates the right to life, as such, it is not needed.
He said: “Death penalty is the ultimate cruel, inhuman and degrading punishment. It violates the right to dignity enshrined in Section 19 of the Constitution of Malawi.
“It also violates the right to life enshrined in Section 16 of our Constitution. Above all, there is no evidence anywhere in the world that death penalty deters crime.”
Commenting on the issue, Centre for Human Rights, Educa t i on, Ad v i ce and Assistance executive director Victor Chagunyuka Mhango said since Malawi has not executed any convict on death row for 29 years, the death penalty serves no purpose.
“When you visit them [those on death row] in prisons, you actually see the pain of torture on their faces because all they live for is waiting to die. Sometimes they even feel your visit is to prepare them for death,” he said.
Malawi Human Rights Commission commissioner Peter Chisi backed the committee’s position to conduct consultations on the matter since it has been a long-standing issue.
Court records show that there are currently 27 people on death row in Malawi.
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