All Constitution Sections

Section 48: Right to life

Constitution of Zimbabwe

(1) Every person has the right to life.

(2) A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances, and⎯

    (a) the law must permit the court a discretion whether or not to impose the penalty;

    (b) the penalty may be carried out only in accordance with a final judgment of a

competent court;

    (c) the penalty must not be imposed on a person—

          (i) who was less than twenty-one years old when the offence was committed; or

          (ii) who is more than seventy years old;

    (d) the penalty must not be imposed or carried out on a woman; and

    (e) the person sentenced must have a right to seek pardon or commutation of the penalty

from the President.

(3) An Act of Parliament must protect the lives of unborn children, and that Act must provide that pregnancy may be terminated only in accordance with that law.

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AI Insights

Insight: Zimbabwe's Constitutional Approach to Capital Punishment

This section establishes a nuanced approach to capital punishment in Zimbabwe, limiting its application to only the most severe murder cases with significant restrictions. The constitution creates special protections for women, young people, and the elderly by completely exempting them from execution. Additionally, it balances the sanctity of life principle with reproductive rights by acknowledging both protection for unborn children and legal provisions for pregnancy termination under specific circumstances.