Post by Anja Nieser on Oct 1, 2006 6:17:12 GMT -5
Judge wants death-penalty poll
"Democracy is to hear what the people say. A referendum regarding the
death penalty must be held now," says Judge Gerhardus Hattingh.
"All right-thinking South Africans, brown, black or white, want the death
penalty to be re-introduced," said the judge in sentencing three young men
for the murder of Makgabo Matlala, granddaughter of Transvaal
Judge-President Bernard Ngoepe.
Johannes Siphiwe Molefe, 22, was sentenced to 2 life terms for rape and
murder, and 20 years' for robbery.
Lucky Ndlovu, 21, received a life sentence for murder, 2 life terms for
repeated rape, and 20 years' for robbery.
Steve Tsietsi Mhlanga, 22, was sentenced to 20 years' imprisonment for
robbery and 10 years for taking part in the crime. The sentences will run
concurrently.
Referred to constitution
Judge Hattingh said a true democracy was to listen to the people. The time
had now arrived, he said.
In passing sentence, he referred to the constitution, which stated every
person had the right to life. The Constitutional Court ruled in 1995 that
the death penalty was unconstitutional.
He said if the constitution made provision for the right to life, it also
should make provision that the life of murderers - who took the life of
others - should be taken.
"If all else fails, the constitution should be rewritten. What the people
want must triumph.
"That's why a referendum regarding the death penalty must take place."
He said the people had to be given an opportunity to be heard; not just a
few in high positions who made sentimental remarks about the compassion
they had for crime victims.
Rosy future is 'nonsense'
Hattingh said he had earlier read with "shock and dismay" reports which
quoted Safety and Security Minister Charles Nqakula as saying crime was
declining and the country's future was rosy.
Judge Hattingh said he had to tread carefully, but continued: "With
respect - that's nonsense.
"Every time crime statistics are announced, the opportunity is also taken
to announce what's going to happen to curb crime.
"Not a lot has happened."
The judge said he wasn't allowed to move into the political arena, but he
had to deliver judgment.
"I took an oath. It's my duty and my job. No one can tell a judge how he
has to pass sentence, but it has to be judicial."
He said the government had to get a lot of blame for not being able to
stop the crime wave rippling through the country.
He also criticised the fact that the sentences would run concurrently.
Must spend 40 years in jail
Judge Hattingh told State advocate Elbie Leonard SC the application of the
judicial system was "sick" and the State should re-address it, because to
sentence someone to different terms of imprisonment was "just of academic
interest."
The judge ruled that they could be eligible for parole only after 40 years
in prison.
"Maybe you will be respectable by then," said Judge Hattingh.
(source: News24.com)
"Democracy is to hear what the people say. A referendum regarding the
death penalty must be held now," says Judge Gerhardus Hattingh.
"All right-thinking South Africans, brown, black or white, want the death
penalty to be re-introduced," said the judge in sentencing three young men
for the murder of Makgabo Matlala, granddaughter of Transvaal
Judge-President Bernard Ngoepe.
Johannes Siphiwe Molefe, 22, was sentenced to 2 life terms for rape and
murder, and 20 years' for robbery.
Lucky Ndlovu, 21, received a life sentence for murder, 2 life terms for
repeated rape, and 20 years' for robbery.
Steve Tsietsi Mhlanga, 22, was sentenced to 20 years' imprisonment for
robbery and 10 years for taking part in the crime. The sentences will run
concurrently.
Referred to constitution
Judge Hattingh said a true democracy was to listen to the people. The time
had now arrived, he said.
In passing sentence, he referred to the constitution, which stated every
person had the right to life. The Constitutional Court ruled in 1995 that
the death penalty was unconstitutional.
He said if the constitution made provision for the right to life, it also
should make provision that the life of murderers - who took the life of
others - should be taken.
"If all else fails, the constitution should be rewritten. What the people
want must triumph.
"That's why a referendum regarding the death penalty must take place."
He said the people had to be given an opportunity to be heard; not just a
few in high positions who made sentimental remarks about the compassion
they had for crime victims.
Rosy future is 'nonsense'
Hattingh said he had earlier read with "shock and dismay" reports which
quoted Safety and Security Minister Charles Nqakula as saying crime was
declining and the country's future was rosy.
Judge Hattingh said he had to tread carefully, but continued: "With
respect - that's nonsense.
"Every time crime statistics are announced, the opportunity is also taken
to announce what's going to happen to curb crime.
"Not a lot has happened."
The judge said he wasn't allowed to move into the political arena, but he
had to deliver judgment.
"I took an oath. It's my duty and my job. No one can tell a judge how he
has to pass sentence, but it has to be judicial."
He said the government had to get a lot of blame for not being able to
stop the crime wave rippling through the country.
He also criticised the fact that the sentences would run concurrently.
Must spend 40 years in jail
Judge Hattingh told State advocate Elbie Leonard SC the application of the
judicial system was "sick" and the State should re-address it, because to
sentence someone to different terms of imprisonment was "just of academic
interest."
The judge ruled that they could be eligible for parole only after 40 years
in prison.
"Maybe you will be respectable by then," said Judge Hattingh.
(source: News24.com)