He told us it is torturous to imagine being on death row as anything could happen to you if someone decides to sign for your death.

Lucky enough he was saved and moved from death row.

Kara who served as Member of Parliament from 1999 to 2002 was saved from the death row by the 2007 Kafantayeni Project spearheaded by Malawi Human Rights Commission (MHRC) which pushed the High Court of Malawi to abolish the mandatory death sentence.

The project followed death row prisoner Francis Kafantayeni and others’ successful challenge of the death sentence supported by MHRC.

This necessitated the Judiciary to review all murder cases of serving prisoners and Kara had his sentence reduced to 30 years.

He was released in 2021 having spent 20 years behind bars.

His call has been for the authorities to abolish death penalty.

Kara is one among many that are in prison anxious of what could happen to them next.

Death sentence in the books.

Malawi has maintained a de facto moratorium on the death penalty since 1994. This was the year when the country changed from a one-party system to a democratic government.

President Bakili Muluzi declared that he would no longer sign execution warrants.

Muluzi then commuted all death sentences to life in prison.

This has been the case with the subsequent presidents, Bingu wa Mutharika, Joyce Banda, Peter Mutharika and Lazarus Chakwera.

Although no executions have taken place since then, the judiciary still imposes death sentences as provided for under the Penal Code in cases of murder, treason, housebreaking, and rape.

Previously mandatory for murder, the death penalty is now optional, allowing courts discretion in sentencing.

Efforts to outlaw death penalty

The Parliamentary Legal Affairs Committee started consultation to seek views on whether the country should have the death penalty or not.

Several stakeholders were consulted.

Majority recommended the abolition of the death penalty, saying it serves no purpose.

The committee’s chairperson Peter Dimba said about 99 percent of those consulted supported the abolition of the sentence which has not been executed since the adoption of multiparty democracy in 1994.

But when it came to voting, law makers voted against abolition of death penalty. The bill was sent back to the committee for further consultation.

Government efforts to repeal the case

From 2022, the Malawi Government begun consultations again on the abolition of death penalty.

The process involved learning from other countries that had the capital punishment outlawed after lawmakers rejected the proposition to have it abolished in 2021.

All along the consultations, some critics have said abolishing the death penalty may lead to an increase in acts of mob justice.

The consultation processes involved Malawi delegation travelling to Zambia and a delegation from Zambia coming to Malawi.

Zambia’s Attorney General Mulilo Kabesha told Zodiak Online that fears that death sentence abolition would increase mob justice were not proven.

Kabesha who along with his team from Zambia came to Malawi met government officials to interact with them on how the neighbouring country dealt with issue, said Zambia has in fact enhanced security now than before.

Director of Public Prosecutions in Malawi, Masauko Chamkakala, who is former Legal Aid Director, also threw his weight behind the idea to abolish the death penalty.

Chamkakala said the abolition of the death penalty is overdue.

Minister of Justice Titus Mvalo said government was being cautious not to rush with the decision to abolish death penalty.

Mvalo however committed that he would see the formulation of the bill that would see the abolition of death penalty and would be presented in parliament at the earliest sitting ahead.

Between May and June 2022, the Parliamentary Legal Affairs Committee conducted public hearings on the death penalty, and on the question of whether Malawi should abolish the death penalty, 94% of the respondents called for abolition.

In 2018, a survey conducted by PASI & Cornell University on traditional leaders in villages highly impacted by homicides, had the majority oppose the use of the death penalty.

Out of 102 traditional leaders, only six supported the use of the death penalty.

Despite repeated rhetoric and findings from studies, no significant action has been taken, and the expected bill to abolish the death penalty has not yet been prepared for submission to parliament.

Reality Ahead of Parliamentary Sitting: No Progress In Sight

Meanwhile, expectations are high as the parliament starts sitting from August 26, 2024 that a bill to repeal the death penalty could come up in parliament and be passed.

The bill would see the abolition of capital punishment that would be on books for 30 years but never meted out.

Malawi Human Rights Commission says having the death penalty is abuse of rights for Malawians.

MHRC Executive Secretary Habiba Osman told Zodiak Online that The that the death penalty violates the right to human dignity.

“Section 16 of Malawi’s Constitution guarantees the right to life, which is foundational to all other rights. The global trend toward abolishing the death penalty recognizes that it is inhumane and infringes on human dignity. More and more countries are abolishing the death sentence. We expect Malawi to follow suit” said Osman

This view is shared by Alexious Kamangira, a proponent of the abolition of death penalty.

He says the circus around death penalty is violating the rights of many Malawians.

“The death penalty is irreversible and makes it impossible to correct wrongful convictions. The death penalty gives uniform sentences for crimes that vary in many aspects such as motive and mitigating factors,” observes Kamangira.

The Ministry of Justice is not ready to table the abolition of death penalty bill. Spokesperson in the Ministry Frank Namangale told us that the bill has faced competition from other equally important bills that required prioritization in past parliamentary sessions.

He said while appreciating that death penalty is a human rights issue, the ministry is not yet ready to present this particular bill in the next parliamentary session.

“we remain committed to addressing this important issue in the future. Currently, we are prioritizing several other critical bills in the forthcoming parliamentary session that require immediate attention to address pressing social and economic needs and ensure the well-being of our citizens” said Namangale.

Malawi last carried out an execution in 1992 when 12 people were hanged. Thirty years on, the long road to abolition of death penalty seem to have no end in sight.