In fact, many of the problems we are experiencing in terms of
criminal acts have less to do with deterrent sentences than they do
with the manifestation of deep societal problems.
In the wake of several horrific murders of women and weekly
Police crime bulletins punctuated with reports of rapes of minors
and other violent crimes, Home Affairs Minister Jerry Ekandjo
tabled in Parliament the Motor Vehicle Theft Amendment and the
Stock Theft Amendment Bills respectively and, in his motivation,
argued for more severe sentences for these crimes because existing
penalties were 'not enough of a deterrent'.
Without trying to diminish the seriousness of either of the
abovementioned crimes i.e. stealing a vehicle or someone's
livestock, we are nevertheless astonished that the Minister appears
to be dealing with the broad issue of crime in such a superficial
manner that these are considered the priorities rather than the
violent crime which characteristic of so many parts of the country
at present.
In some ways too, the Minister can be accused of watching over
his own, and the interests of the wealthier elite in our
society.
Although he motivated that stock theft sometimes affected the
poorest of the poor, it is more often a crime committed against
people with plentiful resources.
Likewise, it is the more affluent in our society who have
vehicles, and especially the type of vehicles the syndicates want
to get their hands on. The sentences he motivated indicate the
serious light in which Government views stock and vehicle
theft.
For theft of a head of cattle valued at over N$500, a thief can
receive a jail sentence of not less than 20 years.
Likewise, for a first conviction for theft of a vehicle the
culprit could receive a sentence of a minimum of 10 years, and a
minimum of 15 for a second.
It appears that Government, and the Home Affairs Minister in
particular, is relying heavily on the assumption that criminals
take into account possible punitive measures before they commit a
crime! We seriously doubt that this is the case.
Said the Minister with regard present legislation on stock and
car theft: "The punitive measures in place are not deterrent enough
to make it a life risk for criminals involved in the commission of
such crimes".
He forgets that even with the stiffer sentences, the State still
has to prove its case against the alleged criminal before the
punishment in question can be meted out.
Besides, the question of the escalation of crime cannot simply
be dealt with in terms of harsher penalties.
Certainly one does not want to make it easier for criminals to
know that they can quite literally get away with murder, but we
also need to dig deep to establish why it is that violent crime and
rape, more importantly than cattle or motor vehicle theft, is
becoming so prevalent in Namibia.
Perhaps it eases the Minister's mind to believe that the stock
on his farm will be less vulnerable to theft once the new
legislation goes through, but it is not going to make his wife or
daughter any safer when they are out and about.
Nor is it going to make all the victims of violent crime in
Namibia any more secure.
While we accept Government has to legislate against all crimes,
whether they be small victimless offences or serious ones, we feel
obliged to emphasise that the prevention of (in addition to
deterrence of) crimes of violence and rape has to be the
priority.
In the wake of several horrific murders of women and weekly Police
crime bulletins punctuated with reports of rapes of minors and
other violent crimes, Home Affairs Minister Jerry Ekandjo tabled in
Parliament the Motor Vehicle Theft Amendment and the Stock Theft
Amendment Bills respectively and, in his motivation, argued for
more severe sentences for these crimes because existing penalties
were 'not enough of a deterrent'.Without trying to diminish the
seriousness of either of the abovementioned crimes i.e. stealing a
vehicle or someone's livestock, we are nevertheless astonished that
the Minister appears to be dealing with the broad issue of crime in
such a superficial manner that these are considered the priorities
rather than the violent crime which characteristic of so many parts
of the country at present.In some ways too, the Minister can be
accused of watching over his own, and the interests of the
wealthier elite in our society.Although he motivated that stock
theft sometimes affected the poorest of the poor, it is more often
a crime committed against people with plentiful resources.Likewise,
it is the more affluent in our society who have vehicles, and
especially the type of vehicles the syndicates want to get their
hands on. The sentences he motivated indicate the serious light in
which Government views stock and vehicle theft.For theft of a head
of cattle valued at over N$500, a thief can receive a jail sentence
of not less than 20 years.Likewise, for a first conviction for
theft of a vehicle the culprit could receive a sentence of a
minimum of 10 years, and a minimum of 15 for a second.It appears
that Government, and the Home Affairs Minister in particular, is
relying heavily on the assumption that criminals take into account
possible punitive measures before they commit a crime! We seriously
doubt that this is the case.Said the Minister with regard present
legislation on stock and car theft: "The punitive measures in place
are not deterrent enough to make it a life risk for criminals
involved in the commission of such crimes".He forgets that even
with the stiffer sentences, the State still has to prove its case
against the alleged criminal before the punishment in question can
be meted out.Besides, the question of the escalation of crime
cannot simply be dealt with in terms of harsher penalties.Certainly
one does not want to make it easier for criminals to know that they
can quite literally get away with murder, but we also need to dig
deep to establish why it is that violent crime and rape, more
importantly than cattle or motor vehicle theft, is becoming so
prevalent in Namibia.Perhaps it eases the Minister's mind to
believe that the stock on his farm will be less vulnerable to theft
once the new legislation goes through, but it is not going to make
his wife or daughter any safer when they are out and about.Nor is
it going to make all the victims of violent crime in Namibia any
more secure.While we accept Government has to legislate against all
crimes, whether they be small victimless offences or serious ones,
we feel obliged to emphasise that the prevention of (in addition to
deterrence of) crimes of violence and rape has to be the priority.