A QUESTION ON THE DEATH PENALTY
In Parliament on Thursday 15 March 2012, I asked the President, in a supplementary question, whether he would consider appointing a Judicial Commission of Enquiry into firstly, whether giving the High Courts the freedom, after due and proper legal process, to impose the sentence of a death penalty, would act as a deterrent in reducing our unacceptably high levels of murder and violent crime and, secondly, to come with proposals on how Parliament could bring changes to the Constitution to give effect to bringing in this sentencing option.
Why did I ask this question?
I, like the majority of South Africans continue to be deeply shocked at the high rate of murders in South Africa. Since 1994 we are coming close to 300 000 -- some five or six soccer stadiums full of people --- who have been murdered. Furthermore, crimes of passion or drunken brawls are motives for these murders, but very many of these murders have been grossly violent and involve rape, elderly people and children, or have been committed to obtain property and goods, to silence witnesses, to kill policemen, to obtain body parts for muti purposes or have been murders and assassinations committed by "hired guns". To ignore the arbitrary deaths of that number of innocent people, while reciting the mantras of human rights, is contradictory and irresponsible. We cannot turn a blind eye to this terrible injustice against the lives of innocent victims.
It may seem paradoxical but the death penalty is a signal from society that it so values the lives of its law abiding citizens, that any other citizen who arrogates to herself the right to take innocent and God-given life, must know that the courts may impose a death sentence for that crime.
Another reason why, as a citizen who is committed to the rule of law, I am distressed by the absence of a death penalty is the fact that communities, individuals and, even the Police, are effectively applying the death penalty. It is courts, after due process, that should impose the death penalty. Outraged communities, who are ‘gatvol' at criminal activity, take action and kill criminals. Policemen whose colleagues are attacked and murdered, also, with the support of public opinion, shoot first, and I fear, deliberately do so. I find this completely unacceptable, but because there is no freedom for the High Court to impose the death sentence, I find it completely understandable.