LAC raps stricter stock theft terms

THE Legal Assistance Centre yesterday criticised harsher sentences for livestock thieves that were approved by the National Assembly on Wednesday.

“The harsh sentencing to be meted out under the new law is certainly draconian and I am not sure that it will withstand a constitutional challenge as being disproportionate to the offences committed, ” LAC Director Norman Tjombe said yesterday. During debate in the National Assembly, Congress of Democrats Member of Parliament Nora Schimming-Chase referred to the bill as “draconian”.The new Bill will see a stock thief jailed for 20 years if an animal valued at less than N$500 is stolen.For livestock valued over this amount, or for a second conviction, offenders face a sentence of 30 years.Provisions have also been made for monetary compensation for the stolen animals in addition to the prison terms.Tjombe said the newly imposed sentences would send the wrong message to Namibians that crime against property was a more serious offence than those against human life and dignity.Tjombe said the new law was not consistent with minimum sentences for rape, domestic violence and murder.”I must also mention that that perception already exists in various sectors in Namibia, as can be witnessed with the drastic actions of vigilante groups on stock theft in the past years, and the Stock Theft Bill will now perpetuate that perception,” said Tjombe.The LAC said not enough was being done to deal with the social aspects, such as poverty and unemployment which led to crime.”By enacting such harsh penalties for any offences, without dealing with the social problems causing them, is like putting a lid on the pot boiling over, instead of removing the heat under the pot.The pot will ultimately explode,” Tjombe said.During debate in the National Assembly, Congress of Democrats Member of Parliament Nora Schimming-Chase referred to the bill as “draconian”.The new Bill will see a stock thief jailed for 20 years if an animal valued at less than N$500 is stolen.For livestock valued over this amount, or for a second conviction, offenders face a sentence of 30 years.Provisions have also been made for monetary compensation for the stolen animals in addition to the prison terms.Tjombe said the newly imposed sentences would send the wrong message to Namibians that crime against property was a more serious offence than those against human life and dignity.Tjombe said the new law was not consistent with minimum sentences for rape, domestic violence and murder.”I must also mention that that perception already exists in various sectors in Namibia, as can be witnessed with the drastic actions of vigilante groups on stock theft in the past years, and the Stock Theft Bill will now perpetuate that perception,” said Tjombe.The LAC said not enough was being done to deal with the social aspects, such as poverty and unemployment which led to crime.”By enacting such harsh penalties for any offences, without dealing with the social problems causing them, is like putting a lid on the pot boiling over, instead of removing the heat under the pot.The pot will ultimately explode,” Tjombe said.