Death row convicts to be re-sentenced

The Malawi Human Rights Commission (MHRC)in conjunction with non-governmental organisations says 170 death row convicts will be re-sentenced as the country does not have a mandatory death sentence.

The decision comes after some convicts challenged courts, saying they cannot be on death row as Malawi does not provide the ultimate sentence.

Confirming the development, MHRC executive secretary Grace Malera told The Nation that the commission has sourced funds and will facilitate the re-sentencing of all convicts on death row.

The constitutionality of the imposition of the mandatory death penalty was challenged in Kafantayeni and others versus Attorney General constitutional case, in April. It was heard that the imposition of the mandatory death sentence was a violation of the right to a fair trial provided under Section 42 and, therefore, was unconstitutional.

According to Malera, the High Court will begin to hear such cases from today in Zomba.

Principal State advocate in the office of the Director of Public Prosecutions (DPP) Dziko Malunda said despite losing most files, the office of the DPP will reconstruct files to ensure that no one is denied justice.

Said Malunda: “After extensive research, we have found that 82 of the 170 prisoners’ files, meaning that 88 are missing, but we will try our best to make this operation a success.”

The implementing institutions include the Department of Legal Aid Bureau, the Paralegal Advisory Service International, the Centre for Human Rights Education, Advice and Assistance, Chancellor College and the Malawi Prison Service.