Malawi Supreme Court Rules Death Penalty Unconstitutional

Malawi’s Supreme Court consists of the Chief Justice and eight other justices. (Malawi Digest)

Malawi’s Supreme Court banned the death penalty on April 28 after ruling it unconstitutional in that it violates the right to life. As a result of its ruling, the court also ordered the re-sentencing of the 27 people currently on death row. The ruling received mixed reactions; many commended the court’s action while others criticized it, stating that capital punishment deters serious crime. The ruling came as a result of an appeal by Charles Khoviwa, who received the death penalty in 2003 after being convicted of murder.

The Penal Code of Malawi previously stated that the death penalty was mandatory for all instances of murder, whether premeditated or involuntary. Capital punishment was also mandatory for those convicted of treason and an optional ruling for those convicted of rape. However, no executions have taken place since 1992; Malawi’s first democratically elected president, who took office in 1994, opposed the death penalty and did not sign death warrants. Every president since then has also refused to sign death warrants. 

The court referenced the constitutional right to life in handing down its decision: “The right to life is the mother of all rights. Without the right to life other rights do not exist.” The court also stated that the constitution clearly prohibits any violation of the right to life and that the death penalty not only negates that right but abolishes it altogether. 

Amnesty International commended the court’s ruling, hailing it as an important victory to protect the right to life in Malawi. Executive director for the Malawi Centre for Human Rights and Rehabilitation Michael Kaiyatsa stated that life imprisonment is an effective punishment for serious crimes and that there is no evidence that proves that capital punishment is effective in reducing instances of murder. 

However, the court’s ruling also received criticism. President of Malawi’s Association of People with Albinism Ian Simbota stated that without the death penalty, the government will not be able to prevent attacks on people with albinism, who are frequently victims of attacks in Malawi. Social commentator Humphrey Mvula warned that the ruling could lead to instances of mob justice. 

As the 22nd country in sub-Saharan Africa to abolish the death penalty, Malawi’s decision is part of a larger trend in sub-Saharan Africa. A recent global survey conducted by Amnesty International shows that recorded executions across sub-Saharan Africa have declined by 36 percent, while recorded death sentences have decreased by 6 percent.