11 October 2000
The Minister for Justice and Constitutional Development, Dr Penuell Maduna, has noted a number of cases recently involving the degradation or death of children at the hands of community members who suspect of stealing from a shop was allegedly painted white, two weeks ago a 14 year old boy died as a result of burns caused by a man who believed he had stolen items, and yesterday a 17 year old boy from Potgietersrus in the Northern Province, was allegedly assaulted and degraded by three men who believed he was involved in housebreaking.
The Minister deplores and strongly condemn this tendency of the public to take the law into their own hands. It should always be remembered that the Constitution guarantees rights to even those suspected of having committed crimes. Although the legal process can and does limit the rights of people who commit crimes, such as for example, by depriving them of their liberty, this is done according to established rules and procedures which are based on fundamental concepts such as the presumption of innocence. Children are particularly vulnerable and deserve the utmost vigilance from the community and the state in the protection of their rights.
Community involvement in combating crime is an important part of crime prevention and detection. The government has worked on this by developing community policing forums, providing lay assessors and by recognizing the importance of community courts. However, the vision of community involvement in justice is linked to the concept of restorative justice, in which victims' needs are given weight and where ideas of healing and restitution are central.
This must not be confused with retributive actions on the part of members of the public who take the law into their own hands, and in doing so often commit a greater crime that the one that they suspect was committed by the person they are attacking. To condone these actions is to encourage a state of lawlessness.
The Department of Justice is working on the development of meaningful and useful participation of communities in the resolution of crime. For example, the Child Justice Project located in the National Department of Justice is focusing specifically on cases in which children are accused of crimes, and is promoting the involvement of communities in such cases through restorative justice programmes.
Perpetrators of these unlawful actions simply have no place in our society and the should know that they shall be held accountable for their deeds.
Issued by: Department of Justice
Issued by Paul Setsetse
Media Spokesperson to the Minister
Pretoria