28th October 2013
Whether the death penalty will be scraped out of the
new constitution depends on ‘reasoning’ rather than views submitted to
the Constitution Review Commission (CRC), legal expert has said.
The expert however said it will also depend very much on whether those opposing its implementation come up with justifiable and convincing reasons for its removal.
The remarks were made yesterday in Dar es Salaam by a member of the CRC Dr Sengondo Mvungi during an exclusive interview with the Guardian on the side lines of a meeting organised by the National Council of NGOs (NACONGO) to convene over the ongoing constitution reform process.
Dr Mvungi was responding to a question that inquired as to why the draft constitution had incorporated Article 69 (1) k in the draft despite its shortfalls like risking the lives of innocent people who slipped through the cracks of the faulty judicial system.
Article 69 (1) k of the recently launched draft reads just as it always did: “The President shall have powers to endorse the implementation of a death sentence as declared by the court in accordance with the laws of the country.”
Dr Mvungi acknowledged that when the CRC was collecting views it did face strong opposition against the capital punishment mainly hinged on the claim that the judicial system in place is not foolproof but however he asserted that there was also ‘equal’ support for it.
“Most of those who capital punishment believe it protects people’s lives from cold blooded murderers like those who kill elderly women and persons with albinism because of superstitious belief,” Dr Mvungi explained.
The expert however said it will also depend very much on whether those opposing its implementation come up with justifiable and convincing reasons for its removal.
The remarks were made yesterday in Dar es Salaam by a member of the CRC Dr Sengondo Mvungi during an exclusive interview with the Guardian on the side lines of a meeting organised by the National Council of NGOs (NACONGO) to convene over the ongoing constitution reform process.
Dr Mvungi was responding to a question that inquired as to why the draft constitution had incorporated Article 69 (1) k in the draft despite its shortfalls like risking the lives of innocent people who slipped through the cracks of the faulty judicial system.
Article 69 (1) k of the recently launched draft reads just as it always did: “The President shall have powers to endorse the implementation of a death sentence as declared by the court in accordance with the laws of the country.”
Dr Mvungi acknowledged that when the CRC was collecting views it did face strong opposition against the capital punishment mainly hinged on the claim that the judicial system in place is not foolproof but however he asserted that there was also ‘equal’ support for it.
“Most of those who capital punishment believe it protects people’s lives from cold blooded murderers like those who kill elderly women and persons with albinism because of superstitious belief,” Dr Mvungi explained.
SOURCE:
THE GUARDIAN
