A person convicted of murder in aggravating circumstances shall be liable to a jail term of between 20 years and life imprisonment if amendments to the Abolition of the Death Penalty Bill becomes law.
This comes as the Government is seeking to remove the death penalty from legal statutes.
Initially, the offence of murder in aggravating circumstances attracted a death sentence.
Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, made the proposal in the National Assembly when he moved for amendments to the Abolition of the Death Penalty Bill.
The Bill seeks to remove capital punishment from national laws in line with international trends, by upholding the sanctity of life.
Minister Ziyambi moved for amendments on Clause Five of the Bill with the following: "A person convicted of murder shall be liable: (a) to imprisonment for life or for any definite period of not less than twenty years, if the crime was committed in aggravating circumstances as provided in subsection (2) or (3); or (b) in any case other than that mentioned in paragraph (a), to imprisonment for life or imprisonment for any definite period of not less than fifteen years or (if there are special circumstances) of not less than five years."
Explaining the import of the amendments before the National Assembly, Minister Ziyambi said they were meant to rationalise the discretionary powers of judicial officers and provide mandatory sentences.
"I am proposing these amendments because the way it is currently drafted in the Bill, it would mean that it gives judges a lot of discretion even when there are aggravating circumstances.
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"We believe, for now, it is prudent that we put mandatory sentences where there are aggravating circumstances of not less than 20 years or life rather than just say a definite period without mentioning it and leaving it to the discretion of the judicial officer," said Minister Ziyambi.
There were also additional amendments moved to remove the death penalty and provide instances that it might be retained such as public emergency.
"Subject to this section, the death penalty under this Act is suspended with effect from the enactment of the Death Penalty Abolition Act, 2024, and such suspension shall remain in force except for the duration of any state of public emergency declared in terms of Section 113 of the Constitution, and in the event that such a declaration is made, the suspension is automatically lifted with effect from the date when the declaration is made and shall again come into force automatically upon such declaration being revoked or ceasing to have effect in terms of Section 113," reads the amendments.
The Bill will also commute all death penalties from military courts to life imprisonment.
"Basically, what is there is to indicate that in times of peace, the death penalty that is imposed by the marshal court of the military is suspended, but if there is an enactment of a state of emergency during periods of war, then the suspension does not become effective."
