Ekandjo urges stiffer penalties for stock, vehicle thieves

HOME Affairs Minister Jerry Ekandjo yesterday proposed legislation which would enforce stiffer minimum sentences for the perpetrators of stock and motor vehicle theft.

Addressing the National Assembly, Ekandjo said that stock theft was a huge problem in Namibia, robbing many poor people of their only source of income and means of survival. He said current legislation was not an adequate deterrent to minimise the crime.Ekandjo said the sentences were also not proportionate to the losses suffered by victims.”The stealing of cattle leaves victims without survival means and in abject poverty, with the future of the children decimated and imposes permanent physical and psychological damage,” said Ekandjo.The Minister said the effect of cattle theft could be equated with loss of money from a bank account.According to an amendment to the Stock Theft Act of 1990, a person convicted for the first time of stealing stock valued at less than N$500 could face a minimum sentence of two years.Where the value of stock stolen is more than N$500, a first conviction could earn a sentence of not less than 20 years.Second or subsequent convictions would face a minimum sentence of 30 years.The payment of a fine would not be accepted in any of these incidences.The courts could, however, in “substantial and compelling circumstances” impose a lesser sentence.In terms of the proposed legislation, magistrates would also be permitted to order the convicted person to pay compensation to the person who suffered losses or damage.A default on payment could earn the accused a maximum of three years in jail.Current legislation does not allow for compensation for the victims.At present a sentence for a first conviction may not exceed 10 years or a fine of N$40 000 or both, while a maximum sentence of 20 years can be imposed for a second conviction irrespective of the value of the stolen livestock.Motivating minimum sentences for the perpetrators of vehicle parts or vehicle theft, Ekandjo said Namibia had become a hub for regional and international syndicates.He said in most instances people convicted of car theft continued this trade once they were released from jail because the law did not pose a major threat.It is now proposed that a first-time conviction for stealing a vehicle could earn a minimum prison sentence of 10 years while a minimum of 15 years would have to be served for subsequent convictions.The accused would not be given the option of paying a fine.Should the theft of the vehicle involve violence, imprisonment for not less than 30 years would have to be served.The theft of motor vehicle parts or the tampering with any identification mark, earn a convicted person a maximum prison sentence of 10 years and-or a fine of N$40 000.At present, a minimum sentence of five years is imposed for a first-time conviction of motor vehicle theft, while a minimum of seven years is imposed for subsequent convictions.He said current legislation was not an adequate deterrent to minimise the crime.Ekandjo said the sentences were also not proportionate to the losses suffered by victims.”The stealing of cattle leaves victims without survival means and in abject poverty, with the future of the children decimated and imposes permanent physical and psychological damage,” said Ekandjo.The Minister said the effect of cattle theft could be equated with loss of money from a bank account.According to an amendment to the Stock Theft Act of 1990, a person convicted for the first time of stealing stock valued at less than N$500 could face a minimum sentence of two years.Where the value of stock stolen is more than N$500, a first conviction could earn a sentence of not less than 20 years.Second or subsequent convictions would face a minimum sentence of 30 years.The payment of a fine would not be accepted in any of these incidences.The courts could, however, in “substantial and compelling circumstances” impose a lesser sentence.In terms of the proposed legislation, magistrates would also be permitted to order the convicted person to pay compensation to the person who suffered losses or damage.A default on payment could earn the accused a maximum of three years in jail.Current legislation does not allow for compensation for the victims.At present a sentence for a first conviction may not exceed 10 years or a fine of N$40 000 or both, while a maximum sentence of 20 years can be imposed for a second conviction irrespective of the value of the stolen livestock.Motivating minimum sentences for the perpetrators of vehicle parts or vehicle theft, Ekandjo said Namibia had become a hub for regional and international syndicates.He said in most instances people convicted of car theft continued this trade once they were released from jail because the law did not pose a major threat.It is now proposed that a first-time conviction for stealing a vehicle could earn a minimum prison sentence of 10 years while a minimum of 15 years would have to be served for subsequent convictions.The accused would not be given the option of paying a fine.Should the theft of the vehicle involve violence, imprisonment for not less than 30 years would have to be served.The theft of motor vehicle parts or the tampering with any identification mark, earn a convicted person a maximum prison sentence of 10 years and-or a fine of N$40 000.At present, a minimum sentence of five years is imposed for a first-time conviction of motor vehicle theft, while a minimum of seven years is imposed for subsequent convictions.