Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.









Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.

 
 

Minimum sentence laws undermined

2003-02-03 23:30
line

Cape Town - Johnny de Lange, the chairperson of parliament's justice committee, was scathing in his criticism of "some" judicial and prosecuting officials on Monday, accusing them of undermining minimum sentence legislation.

He said at a committee meeting, officials - particularly in the Western Cape - were failing to effectively implement the law because of unhappiness with the legislation and were ultimately causing extra suffering for victims of crime.

This was despite the law being declared constitutional by the country's highest court, the Constitutional Court.

"I am really angered by this because these are people that are actually not doing what the Constitutional Court... and not doing what judges should be able to do in this country, and that's apply the law properly, efficiently and effectively.

'Smell the coffee'

"They are playing politics, simply, that is what they are doing.

"So I think (Western Cape National Director of Public Prosecutions) Mr (Frank) Kahn and them should start waking up, they should smell the coffee, and should start implementing this legislation properly," he said.

According to the law, a judge must pass the maximum sentence for certain crimes, including gang rapes or repeated rapes, unless they can justify a lesser sentence.

De Lange said such cases were being referred to regional courts in spite of it being clear sentencing could only be carried out in the high court.

This meant that cases often had to be re-heard in the high court before sentencing, with rape victims forced to relive the ordeal.

In some instances, sentencing was only completed up to 18 months later.

Dislike for the legislation

"The legislation is being implemented in such a way that they are showing their dislike for the legislation."

It was not the task of the courts or the preserve of judicial officers to speak out against legislation.

"I am really angered by this... they may think they are punishing the politicians... but that's not who they are punishing, they are punishing poor women who have been raped and abused."

But, the committee was prepared to consider proposals to amend the law submitted.

One option suggested was to allow an "automatic review" of regional court convictions, thus allowing the high court to uphold a lower court sentence, provided there was no breach of legal principle, he said.

Kahn: 'Do your homework'

Kahn, however, said there was widespread unhappiness with the legislation, and suggested De Lange "should do his homework more thoroughly" because he clearly did not understand the practical workings of the courts.

It was impractical to suggest rape cases be referred immediately to the high court, which effectively sat for only about six months of the year and did not have sufficient capacity.

"He should look at some of the statistics before jumping to rash conclusions."

The minimum sentence law was insensitive to the trauma of victims and unfair for the accused, and this was a view held also by the high court bench and regional court bench, he said.

"The logical solution would be to return to the situation where magistrates have a discretion to commit an accused for sentence by the high court after a conviction in the regional court," Kahn wrote in his 2000 annual report.

Govt aware of criticism

Justice spokesperson Paul Setsetse said government was aware of criticism from judicial officers of the legislation, but stressed that the failure to implement the law was a "disobedience of the Constitution".

It was not true that the legislation interfered with the discretion of the judiciary, as some had complained, and merely provided a stream-lined approach to sentencing.

"The law was thoroughly researched and scrutinised by parliament," he said.

- SAPA

inside news24

 
1 of 10

140
1

Latest comment in South Africa

Leonardb1 says... Next on the list of things to disband , the Provincial governments in most of the ANC run provinces. At least a start has been made to cleaning up bad things in SA.Well done on the "taking out" of that merry bunch of killers. Don`t forget about the provinces ,please!!!!!!! Read the article...

 
Traffic
Lottery
 
  • Friday Carletonville - 10:01 AM
    Road name: N14
    ROAD CLOSED due to a large sink-hole between the two Carletonville exits - traffic is diverted onto a local bypass route
  • Sunday Volksrust - 07:33 AM
    Road name: N11 Both Ways
    Stop / go controls for construction works at Majuba Pass - expect delays between Volksrust and Newcastle
  • Monday Centurion - 15:41 PM
    Road name: Jean Avenue
    ROAD CLOSED between Rabie Street and Gerhard Street for sink hole repair works
 
More traffic reports...
 

Jobs [change area]

Cars[change area]

AUDI

A4 2.0 MY05
2006
R 205,000.00

FIAT

Grande Punto 1.4 Active 5-dr
2007
R 99,900.00

CHEVROLET

Corsa 1.4 AC Base Utility MY10 PU
2011
R 114,995.00

Property [change area]

Travel - Look, Book, Go!

Romance at the President

Spend two nights at the Protea Hotel President in Cape Town from R2601 per person sharing. Includes return flights, taxes, car hire and accommodation. Book Now!

Kalahari.com - shop online today

The Big Mama Sale

The Big Mama Sale is now on. Get up to 80% off Books, Music, DVDs, Games, Electronics, Toys & Gifts. Shop now.

Electronics on Sale

Up to 80% off electronics + 24hr delivery. Shop now.

50% Off Educo toys

Join the Big Mama Sale madness at kalahari.com and get 50% off all Educo toys for your kids. Terms and conditions apply. Shop now.

Books on Sale

Up to 80% off books & 1000s Of books to choose from. First come, first served. While stocks last. Shop now.

Blu-ray special offer

Buy 10 blu-rays and get a free Sony blu-ray player. Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Drain & Pipe Inspection System

For Sale, Garage Sale in South Africa, Gauteng, Johannesburg. Date January 21

2011 Mazda 2 1.5 Dynamic

Vehicles, Cars in South Africa, Gauteng, Johannesburg. Date January 22

Estimator

Jobs, Engineering Jobs - Architecture Jobs in South Africa, Gauteng, Johannesburg. Date January 21

The Big Mama Sale

The Big Mama Sale is now on. Get up to 80% off Books, Music, DVDs, Games, Electronics, Toys & Gifts. Shop now.

Visit www.kalahari.com for millions of books, music, DVDs, games & more!

BlackBerry Torch 9800

Universal search Looking for something? Scan your folders, apps, Internet, email...

From R3899.00

I'm shopping for:

A local community where you can meet people, upload photos, videos and loads more...
There are new stories on the homepage. Click here to see them.