Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·NOVEMBER 9, 2002
South Africa

A High Court judge in Mpumalanga province, South Africa,...

A High Court judge in Mpumalanga province, South Africa, called on the Constitutional Court to review the abolition of the death penalty, saying violence was out of control, politicians did nothing but talk, and jail terms were simply not a deterrent

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A High Court judge in Mpumalanga province, South Africa, called on the Constitutional Court to review the abolition of the death penalty, saying violence was out of control, politicians did nothing but talk, and jail terms were simply not a deterrent.
Judge Johan Smit made the comments during the sentencing of three murderers in the High Court in Graskop, about 300 km northeast of Johannesburg, the Citizen newspaper reported.
"Innocent people are maimed and killed, children, even babies, are raped. Our views on the death penalty should drastically change, " he said.
The community was misled by the concept "life imprisonment" because a criminal then served a maximum of only 25 years, he said. When the Constitutional Court decided to abolish the death penalty in 1997, it relied heavily on argument regarding the death penalty in other countries. "Violent crimes in these countries do not have the magnitude of those in South Africa," he said.
On November 7, Judge Smit found Duma Maluka, Vickens Mtasbe and Sydney Fanta Mathebula guilty of the murder of Fanie Stols and his wife Thelma on their small holding near White River in September 2001.
Judge Smit said it must be noted that the legislature still had the power to impose the death penalty.
"Politicians talking about how they will curb crime is just not enough anymore. The death penalty for violent crimes has enjoyed support in surveys among all population groups."
Maluka was sentenced to 15 years for each murder, five years for house breaking and 10 years for robbery with aggravating circumstances. He will serve 25 years.
Matsabe and Mathebula each received two life terms, and 10 years for house breaking, as well as 15 years for robbery with aggravating circumstance.
SOURCES
  • (Sources: Xinhua, 09/11/2002)