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Clemency Order No. 1 of 2000 (providing amnesty for electoral violence)

 

Clemency Order No. 1 of 2000

 6 October 2000

Author: A.V.M. Chikumira (Secretary for Justice, Legal and Parliamentary Affairs)
Date: Harare, 6 October 2000.
Title: Clemency Order No. 1 of 2000
Original language: English.
Internal reference: General Notice 457A of 2000
Concerning: The Clemency Order provides a general amnesty for politically motivated crimes during the violent preparations to the June 2000 elections in Zimbabwe, mostly benefiting activists from the governing party Zanu-PF.
Source: Movement of Democratic Change (MDC)

 

General Notice 457A of 2000.
Constitution of Zimbabwe

Clemency Order No. 1 of 2000

It is hereby notified that His Excellency the President has made the order set out in the Schedule.

6-10-2000.
A.V.M. CHIKUMIRA
Secretary for Justice, Legal and Parliamentary Affairs

Schedule
Clemency Order No. 1 of 2000
General Amnesty for Politically-Motivated Crimes

Title
1. This order may be cited as the Clemency Order No. 1 of 2000.
Pardon for politically-motivated crimes

2. A free pardon is hereby granted to every person liable to criminal prosecution for any politically-motivated crime committed during the period 1st January, 2000 to 31st July, 2000:

Provided that this pardon shall not apply to any person who has committed a specified offence.

Remission of Sentence for politically-motivated crimes

3. A remission of the whole or the remainder of the period of imprisonment is hereby granted to every person convicted of any politically-motivated crime committed during the period 1st January, 2000 to 31st July, 2000: Provided that this remission shall not apply-
(a) to any habitual criminal serving a sentence of extended imprisonment; or
(b) in the respect of any sentence for a specified offence; or
(c) any prisoner serving a sentence imposed by a Court Martial.

Interpretation
4. For the purpose of paragraphs 2 and 3- "imprisonment" does not include detention imposed under the Defence Act [Chapter 11:02]; 

"period of imprisonment", in relation to a person who on or before the date of publication of this Order was subject to two or more effective terms of imprisonment, means- 
(a) where the sentences are running concurrently, the period of the longer or longest sentence;
(b) where the sentences are not running concurrently, the aggregate of the several sentences of imprisonment; 

"politically-motivated crime" means-
(a) any offence motivated by the object of supporting or opposing any political purpose and committed in connection with-
(i) the Constitutional Referendum held on the 12th and 13th February, 2000; or
(ii) the general Parliamentary elections held on 24th and 25th June, 2000; whether committed before, during or after the said referendum or elections;
(a) any conspiracy, incitement or attempt to commit any offence referred to in paragraph (a);
(b) being an accessory after the fact to any offence referred to in paragraph (a) or (b); 

"specified offence" means-
(a) murder, robbery, rape, indecent assault, statutory rape, theft, possession of arms and any offence involving fraud or dishonesty;
(b) any conspiracy, incitement or attempt to commit any offence referred to in paragraph (a);
(c) being an accessory after the fact to any offence referred to in paragraph (a) or (b).

6-10-2000
R. G. Mugabe
President 


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