Breakdown of criminal justice system chilling
The fact that the failing criminal justice system is now being taken into account in the sentencing of people convicted of engaging in "mob justice", is chilling.
According to the City Press, at least seven people convicted of mob-justice attacks in the Western Cape avoided jail time last year because judges could not ignore the dysfunctionality of the formal justice system. This emerged from evidence submitted to the Khayelitsha Commission of Enquiry, established by DA Leader and Western Cape Premier Helen Zille (see here).
It is thus little wonder that the government, Police Minister Nathi Mthethwa in particular, have been doing everything possible to prevent the Khayelitsha Commission from commencing its work.
I shall be posing parliamentary questions to Justice Minister Jeff Radebe, as head of the Justice, Peace and Security Cluster (JCPS), to determine what he plans to do about this crucial loss of confidence in the criminal justice system.
The fact that the prevailing failures in the criminal justice system are providing mitigating circumstances in the sentencing of vigilantes, paves the way for mob justice to prevail unless extreme steps are taken by the government to improve the system as a whole.
South Africa has seen rising levels of vigilantism across the country. According to reports based on the 2012/13 Crime Statistics, only 15% and 20% of murders and attempted murders are the result of aggravated robbery while inter-group conflicts and vigilantism make up the rest.
A survey conducted since 2007 by the Human Sciences Research Council (HSRC) showed that public trust in the courts decreased from 57% to 50% in 2012.
We cannot allow frustration with a dysfunctional system to fester, thus creating a climate for even more increases in mob justice.
The government has a duty to provide a safe and secure environment for all South Africans. It is failing dismally in protecting this constitutional right.
Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, January 26 2014
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