Jail terms too long?

2003-06-09 13:22

Donwald Pressly

Cape Town - South Africa's chief justice Arthur Chaskalson has questioned imposing lifelong sentences on those found guilty of serious crimes, noting that a high proportion of those in the country's prisons were below the age of 25.

Speaking to the National Assembly justice portfolio committee on Monday the chief justice said that as at September 2002 there were 46 000 prisoners serving long terms in the age group 25 years or younger.

"What is alarming to me is that 36% of the prison population falls into that category," he told MPs serving on the multi-party committee headed by African National Congress MP Johnny de Lange.

Referring to huge overcrowding of prisons he said that the emphasis towards imprisoning people for long terms since democracy in 1994 had a major impact on the prison population and it had implications for the capacity of South Africa's prisons.

It meant that new prisons had to be built and appropriately staffed, which required more funding.

Implications for rehabilitation

He said long terms of imprisonment also had implications for rehabilitation - there was little point in it if the prisoner was to spend most of his life in prison.

"It is difficult to give rehabilitation if people are going to stay in jail for 30 years."

Challenged by De Lange who asked why there was a burgeoning population of those falling into this category, Chaskalson said that this figure was not largely made up of those who would previously have been executed.

"We (South Africa) never executed more than 100 to 200 a year; even then it was one of the highest rates of execution in the world." Capital punishment was outlawed by the government in 1996.

The chief justice also expressed concern at court cases running late. An audit of the needs of courts was required including its human and capital requirements, the chief justice proposed.

- I-Net Bridge (Business)