Issued by: SA Communication Service
30 October 1997
STATEMENT BY DR A M OMAR MP, MINISTER OF JUSTICE, IN RESPONSE TO THE ANNOUNCEMENT BY PREMIER HERNUS KRIEL OF A REFERENDUM ON THE ISSUE OF THE DEATH PENALTY
It is questionable whether a provincial referendum as announced by Premier Hernus Kriel in terms of section 127 (F) of the constitution can legally and appropriately be conducted on the issue of the death penalty. The call for a referendum will no doubt enjoy wide emotional support. This is understandable, but it is wrong for leaders of government and political parties to embark upon a project which will effectively misdirect the energies of people and divert their attention rom the real problem. Section 127 (F) of the constitution provides for the calling of a referendum in the province in accordance with national legislation.
Leaving aside the legality of the matter, the reality is that there is a serious crisis in the Western Cape. The call for a referendum next year does not address the crisis. People in the Western Cape live in fear now. Business and professional people are being targeted for elimination by gangsters now. A protection racket is widespread now. Nothing has been done to curb these criminal activities. A referendum as called for will only have the effect of diverting attention from the fact that the province has failed to provide safety and security.
One must respect the right of members of the public to air their views and their anger as well as to call for capital punishment to be restored. There are voices both for and against and in our democratic society that discussion will always be there. In other democratic countries the same debates persist. In Britain for example, despite many demands, neither the previous Conservative nor Labour Party government has succumbed to such calls.
The duty of government - both national and provincial - is to deal with the following urgently, but also on an ongoing basis:
1. Make sure that perpetrators of serious crime are arrested. (Followed by proper honest investigation) and that they are properly prosecuted and dealt with by courts.
2. Ensure that courts in administering justice, whilst granting accused persons a fair trial, take into account the need to protect the public through appropriate application of bail and sentencing laws. Where necessary, bail must be refused and heavy sentences imposed. (Improved legislation is before parliament now).
3. Steps must be taken to ensure that witnesses are protected in terms of the current witness protection programme. Such programmes must be urgently improved. Legislation in this regard is pending.
4. Urgent steps must be taken to end corruption amongst those responsible for law enforcement. Communities complain continually that there are elements who not only collude with the gangs, but also participate in crime, drastic action must be taken immediately.
5. Immediate steps must be take to provide police protection backed up by army support for those who are under threat and for those from whom protection money has been demanded by gangs.
6. Immediate steps must be taken to recruit police reservists in all local areas, provide them with ongoing training ad give them a role to play consistent with community needs. An appeal should be made for voluntary service in this regard.
7. The many voices of communities all over the Western Cape must be heeded ad urgent attention must be given to the issue of transformation of various law enforcement and justice institutions.
Instead of addressing these problems, the attention of fear ridden communities is being diverted to a possible and dubious referendum in 1998 - just before the 1999 elections. The people of the Western Cape must not be fooled, the deserve better. Let us together address the real problem:
1. Make the criminal justice system (which includes the police) do its work effectively.
2. Provide immediate protection wherever possible.
3. Address the causes of crime.
We must all accept that the constitutional court has given a unanimous judgement which renders capital punishment unconstittional. The steps outlined above are fully in line with the judgments of all the constitutional court judges. No referendum will affect the constitutional court judgement.
Insofar as our courts are concerned, I havealready discussed the matter with the Attorney General of the Western Cape and will meet him again. Insofar as the role of the police is concerned, MEC for Safety ad Security, Mr Gerald Morkel has taken a number of measures which I support. However, much more needs to be done and there needs to be drastic intervention now.
ISSUED BY PAUL SETSETSE ON BEHALF OF DR A M OMAR MP, MINISTER OF JUSTICE Tel: 021 457506 Fax: 021 452783 Cell: 083 252 4770