Rosemary Margaret Khumalo, affectionately known as Makhumalo, died last month: “Rosemary Margaret Khumalo died on death row on the 15th of July at Chikurubi Maximum Prison before the Constitutional application to set aside her death sentence could be heard by the Constitutional Court.” Khumalo, 59-years-old, had spent the last 15 years on death row.
Human rights lawyer Beatrice Mtetwa commented, “Being on death row for an unduly long period is a violation of one’s rights. I do not know why she was on death row for such a long period time. Either someone did not know what they were doing or they did not want to execute her. It is a blow on the justice system of Zimbabwe.”
Chiedza Simbo, director of the Zimbabwe Women Lawyers Association (ZWLA), said, “It is with immense sadness that ZWLA celebrates the role Rosemary Margaret Khumalo played in defending the rights of women embodied in the new Constitution of Zimbabwe,”
Rita Nyamupinga, Director of Female Prisoners Support Trust (Femprist) reflected: “Makhumalo was so brave even after being sentenced to death she could smile and share her story without any reservation. She used to say ‘I am telling you because this place is not good, wanzvaka? (you hear?) with a Ndebele accent. She was in there from 1999 when she was sentenced to death for murder. All she wished for was to be released if they could not hang her. She said she had repented but could not bear the torture any longer. She was so prayerful, at times we would fail to pray but she would encourage us to soldier on … Every time we parted she would remind us not to take long before visiting her. At times we would take our time because of the after effects of the previous visit. In February 2014 after the Presidential Amnesty we all thought Makhumalo was eventually going but it was never to be.”
In many ways, Makhumalo’s story is typical of death penalty countries. Sentenced to death, she then waited, often in solitary isolation, for the hangman to come. He never did. The reasons for her long stay are unclear. On one hand, Zimbabwe is a de facto death penalty abolitionist country, largely due to the inability to find someone to actually conduct the executions. On a different, but not opposite, hand, the vast majority of those on death row are poor. As Women’s Coalition of Zimbabwe chairperson Virginia Muwanigwa noted: “We want the death penalty to be removed from our constitution and our laws completely. One important reason for this is that it is mostly poor people who often get hanged.”
As in Zimbabwe, so in the United States and elsewhere. A recent US court ruling found that the main cause for death row delays is the State’s foot-dragging and underfunding of its indigent defense system.
But Rosemary Khumalo’s story has a twist. Last year, Zimbabwe passed a new Constitution, which exempts women, men under 21, and everyone over 70 from the death penalty. The new Constitution also does away with mandatory sentencing. For Khumalo and Shylet Sibanda, the only other woman on death row, this seemed promising. They appealed to courts and were denied their appeal because of lack of “urgency.” Khumalo appealed directly to the Presidency, on five occasions, and was rejected twice, and didn’t hear back on three other occasions.
Her lawyers argued from the basis of human and Constitutional rights and due process. Rosemary Khumalo pleaded as a woman, as a human being. She did not say she was innocent. She said she had repented. Those around her confirmed the substance of that claim.
Rosemary Khumalo was so close to release and so very far from freedom. In her last years, she lived with dignity, which is hard won in the killing conditions of Chikurubi. The years were hard, but the real story is not the long years. It’s death row: “‘I am telling you because this place is not good, wanzvaka? (you hear?).” Remember: this place is not good. Remember Rosemary Margaret Khumala, affectionately known as Makhumalo.
(Photo Credit: Nehanda Radio)