“founding fathers of the Namibian Constitution argue that the debate on...
“founding fathers of the Namibian Constitution argue that the debate on...
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"founding fathers of the Namibian Constitution argue that the debate on the death penalty is a senseless one, as it goes against the Fundamental Human Rights and Freedoms of the country,” stated Surihe Gaomas in an editorial published in ‘The New Era’.
“As stated in Chapter 3 Article 6 of the Constitution, "the right to life shall be respected and protected and no law may prescribe death as competent sentence."
“It further states, "no court or tribunal shall have the power to impose a sentence of death upon any person and no executions shall take place in Namibia."
“Based on these fundamental clauses that cannot be changed or scrapped, founding fathers of the Constitution like Vekuii Rukoro and Speaker of Parliament Dr Mosé Tjitendero state that such an amendment to cater for capital punishment is unconstitutional and is somehow misplaced.
"Any minister or MP has taken oath of office to protect the Constitution and if they violate the provisions of the Constitution, then obviously they should be fired," Rukoro, the former Attorney General pointed out.
“He added however that it is the Minister's right to freedom of expression to call for the death penalty, yet if enacted, it violates the Constitution at the end of the day. In view of this even criminals as well as the victims are protected by the Constitution guaranteeing them all a right to life. “At the same time it has been proven in other international countries that the death penalty does not in any way deter crime. Sharing this sentiment is former Prime Minister Hage Geingob and Director of the Legal Assistance Centre Norman Tjombe who lament that no matter how severe, the punishment, this will not decrease incidents of violence against women and children in the country.
“As stated in Chapter 3 Article 6 of the Constitution, "the right to life shall be respected and protected and no law may prescribe death as competent sentence."
“It further states, "no court or tribunal shall have the power to impose a sentence of death upon any person and no executions shall take place in Namibia."
“Based on these fundamental clauses that cannot be changed or scrapped, founding fathers of the Constitution like Vekuii Rukoro and Speaker of Parliament Dr Mosé Tjitendero state that such an amendment to cater for capital punishment is unconstitutional and is somehow misplaced.
"Any minister or MP has taken oath of office to protect the Constitution and if they violate the provisions of the Constitution, then obviously they should be fired," Rukoro, the former Attorney General pointed out.
“He added however that it is the Minister's right to freedom of expression to call for the death penalty, yet if enacted, it violates the Constitution at the end of the day. In view of this even criminals as well as the victims are protected by the Constitution guaranteeing them all a right to life. “At the same time it has been proven in other international countries that the death penalty does not in any way deter crime. Sharing this sentiment is former Prime Minister Hage Geingob and Director of the Legal Assistance Centre Norman Tjombe who lament that no matter how severe, the punishment, this will not decrease incidents of violence against women and children in the country.
— SOURCES
- (Sources: New Era, 17/02/2005)
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