Maravi

Lawyer asks Supreme Court to declare death sentence unconstitutional

Lawyer asks Supreme Court to declare death sentence unconstitutional
By Mwala Kalaluka
Sat 11 Sep. 2010, 12:00 CAT

THE Supreme Court has been asked to declare as unconstitutional a section in the Zambian Constitution that provides that anyone convicted for aggravated robbery while armed with a firearm should be given a mandatory death sentence. And the Supreme Court has directed the State to file their response in the matter through submissions, given the constitutional nature of the death penalty.

This is in a matter where Alex Njamba, who was sentenced to a mandatory death sentence by the Lusaka High Court on November 21, 2008, has appealed against his sentence arguing that the sentence was arbitrary and unconstitutional. Njamba has also argued in his memorandum of appeal that the mandatory death sentence imposed on him was a degrading and inhuman punishment.

Lusaka lawyer, Abraham Mwansa, who is representing Njamba in the matter stated in his heads of argument submitted before Deputy Chief Justice Ireen Mambilima sitting with Supreme Court justices Dennis Chirwa and Hilda Chibomba in Ndola, that Njamba’s death sentence was an arbitrary deprivation of life.

Mwansa submitted that the sentence was a denial of the appellant’s rights to a fair trial and also the usurpation of the inherent sentencing power of the court.

“Thereby depriving the Judiciary of an essential judicial function in clear violation of the constitutional principle of separation of power,” Mwansa stated.

“Having found the Appellants guilty of the offence of aggravated robbery whilst armed with firearm, the court below did not feel compelled to consider the circumstances of the offender and the offence.”

Mwansa stated however, that the appeal was not a challenge to the death penalty per se.

“It is important to clarify at the outset that the issue advanced by the Second Appellant is not about the death penalty as such, but rather about the mandatory requirement of death penalty,” Mwansa submitted.

He stated that it was Njamba’s contention that not everyone convicted of aggravated robbery whilst armed with a firearm deserves to die.

Mwansa submitted that refusing or denying a convict facing death sentence to be heard in mitigation when those facing lesser sentences are allowed to be heard in mitigation was clearly unjustified.

He quoted further that by reason of its compulsory and automatic application, a mandatory sentence could not be subject of an effective review by a higher court.

Mwansa stated that it was his client’s prayer that the Supreme Court declares that section 294(2) of the Penal Code, to the extent that it provides for mandatory sentence of death on anyone convicted for aggravated robbery while armed with a firearm, is unconstitutional.

The Supreme Court sitting in Ndola adjourned the matter to its next sitting to allow the Attorney General and the state file their submissions in the matter.

Labels: DEATH PENALTY, SUPREME COURT

posted by MrK @ 6:30 PM