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April 29, 2021 05:52:39 pm
The Supreme Court of Appeal in Malaw ruled Wednesday that the imposition of the death penalty is unconstitutional and contrary to the right to life guaranteed by the Constitution of Malawi. It further ordered the re-sentencing of all convicts facing execution.
The ruling comes following an appeal by Charles Khoviwa, who, despite having no prior convictions, was sentenced to death following his conviction for murder in 2003. Under the now-defunct Section 210 of the Penal Code of Malawi, the imposition of the death penalty was mandatory for all sorts of murder, whether premeditated or involuntary.
While the appellant’s sentence was however commuted to life imprisonment in 2004, a Malawi Court had previously dismissed the appeal and had re-imposed the death penalty on the appellant, claiming that “he deserves the death sentence.” The court, however, reversed the decision, holding that “any sentence passed under the defunct section 210 of the Penal C