NA passes ‘draconian’ stock theft Bill

A LAW that will put stock thieves behind bars for up to 30 years was passed in the National Assembly yesterday, despite being described as “draconian” by some lawmakers.

Congress of Democrats Member of Parliament Nora Schimming-Chase made a last attempt during the Committee Stage of the Bill to have the terms reduced to five years for a first offence for stock valued at less than N$500, and a maximum of 10 years for a subsequent conviction. During last week’s debate Schimming-Chase argued that the sentences for stock theft were excessive compared to those meted out for violent crimes.In terms of the legislation, someone who steals a goat can be jailed for 20years.But Minister of Home Affairs Jerry Ekandjo said he was not willing to accept her proposals because they were not tabled as an amendment.MPs engaged in lengthy debate on the subject on Tuesday with most speakers saying they were concerned about whether the crime warranted the proposed punishment compared to other more violent crimes such as murder and rape.”The crime and the penalty must be commensurate,” said Swapo MP Kaire Mbuende, “without expressing an opinion, it must be looked at.”Congress of Democrats leader Ben Ulenga said while he was not opposed to the bill in principle, it was inconsistent with current laws.Citing statistics he had obtained from the Police, Ulenga questioned whether stock theft was as severe a threat as was being made out.He said it appeared that some MPs, including Ekandjo, who tabled the Bill three weeks ago, were acting in their own interest – as part-time farmers and victims of stock theft.”A few years ago the Minister [Ekandjo] suffered losses because of stock theft.I hope the Minister is not mixing his public duties with his private matters.”During the first five months of this year, Ulenga said, stock theft accounted for only around five per cent of crime reported to the Police.”I am not trying to take away from the crime of stock theft.What I’m calling for is levelheadedness and balance,” he said.Ulenga urged Government to focus more on eradicating the root causes of stock theft.He claimed that stock theft was rife in communal areas and squatter areas on the outskirts of towns because of the dire poverty of the people living there.Ulenga further pushed for improved Police efficiency in dealing with the crime to obtain more convictions.Minister without Portfolio Ngarikutuke Tjiriange alleged that Herero-speaking Namibians were the main culprits when it came to stock theft.Justice Minister Albert Kawana supported the Bill, saying stock theft was tantamount to economic sabotage.DTA MP Alois Gende did not think that introducing stiffer punishment would eradicate stock theft.Instead, he said, the Police services had to be improved, especially in communal areas, to clamp down on the crime.Not enough people were being arrested and there was little control on the roads to monitor the transport of stolen livestock, he maintained.The CoD’s Linus Chata also did not think that stiffer sentences would prove a deterrent.Not being a cattle owner himself, he said, his opinion was based on the premise of the human will.”When have measures aimed to deter ever worked? Once a human being has decided to do something, no measure of deterrence has stopped him,” he said.Ekandjo had said that the minimum penalty of 20 years for theft of livestock valued at more than N$500 was aimed at deterring would-be criminals.A subsequent conviction would mean a minimum punishment of 30 years.Relaying a story about stolen oxen from his farm, Swapo Whip Ben Amadhila wanted assurances from the Home Affairs Minister that by approving such an amendment, there would be improved responses from the Police.”Will it just be a law on our papers?” he asked.”The question is when we make these amendments, do we inform those who implement them that we have made these laws?”par Mbuende also said he felt that the Bill should provide for the Police to enter and search farms if there were reasonable grounds to suspect that stock theft had been committed.Smuggling of stock across borders, he said, also had the potential of introducing unwanted diseases in Namibia and better control mechanisms had to be put in place.Minister of Agriculture, Water and Rural Development, Helmut Angula, claimed that Namibians were driving their cattle to Angola where they then sold them, and later reported them stolen in Namibia.At this point, Ekandjo inadvertently thought he was being accused of such practices, and jumped to his feet to say hat his farm was some 70 kilometres from Rundu and that he could not possibly be guilty of such an offence.Deputy Minister of Higher Education, Training and Employment Creation, Hadino Hishongwa, who the House noted had, in recent days, became the victim of stock theft for the second time, said compensation had to be stressed in punishing the accused.In response to comments from the House that the punishment might be too harsh, Minister of Home Affairs Jerry Ekandjo said the tabling of an amendment to the Criminal Procedures Act in the coming weeks would impose stricter punishment for murder and other violent crime.He said the Rape Act dictated the minimum punishment of not less than ten years for offenders.Ekandjo gave his assurance that those masterminding stock theft syndicates and those who bought the stolen goods, would be punished equally with those committing the action.During last week’s debate Schimming-Chase argued that the sentences for stock theft were excessive compared to those meted out for violent crimes.In terms of the legislation, someone who steals a goat can be jailed for 20years.But Minister of Home Affairs Jerry Ekandjo said he was not willing to accept her proposals because they were not tabled as an amendment.MPs engaged in lengthy debate on the subject on Tuesday with most speakers saying they were concerned about whether the crime warranted the proposed punishment compared to other more violent crimes such as murder and rape.”The crime and the penalty must be commensurate,” said Swapo MP Kaire Mbuende, “without expressing an opinion, it must be looked at.”Congress of Democrats leader Ben Ulenga said while he was not opposed to the bill in principle, it was inconsistent with current laws.Citing statistics he had obtained from the Police, Ulenga questioned whether stock theft was as severe a threat as was being made out.He said it appeared that some MPs, including Ekandjo, who tabled the Bill three weeks ago, were acting in their own interest – as part-time farmers and victims of stock theft.”A few years ago the Minister [Ekandjo] suffered losses because of stock theft.I hope the Minister is not mixing his public duties with his private matters.”During the first five months of this year, Ulenga said, stock theft accounted for only around five per cent of crime reported to the Police.”I am not trying to take away from the crime of stock theft.What I’m calling for is levelheadedness and balance,” he said.Ulenga urged Government to focus more on eradicating the root causes of stock theft.He claimed that stock theft was rife in communal areas and squatter areas on the outskirts of towns because of the dire poverty of the people living there.Ulenga further pushed for improved Police efficiency in dealing with the crime to obtain more convictions.Minister without Portfolio Ngarikutuke Tjiriange alleged that Herero-speaking Namibians were the main culprits when it came to stock theft.Justice Minister Albert Kawana supported the Bill, saying stock theft was tantamount to economic sabotage.DTA MP Alois Gende did not think that introducing stiffer punishment would eradicate stock theft.Instead, he said, the Police services had to be improved, especially in communal areas, to clamp down on the crime.Not enough people were being arrested and there was little control on the roads to monitor the transport of stolen livestock, he maintained.The CoD’s Linus Chata also did not think that stiffer sentences would prove a deterrent.Not being a cattle owner himself, he said, his opinion was based on the premise of the human will.”When
have measures aimed to deter ever worked? Once a human being has decided to do something, no measure of deterrence has stopped him,” he said.Ekandjo had said that the minimum penalty of 20 years for theft of livestock valued at more than N$500 was aimed at deterring would-be criminals.A subsequent conviction would mean a minimum punishment of 30 years.Relaying a story about stolen oxen from his farm, Swapo Whip Ben Amadhila wanted assurances from the Home Affairs Minister that by approving such an amendment, there would be improved responses from the Police.”Will it just be a law on our papers?” he asked.”The question is when we make these amendments, do we inform those who implement them that we have made these laws?”par Mbuende also said he felt that the Bill should provide for the Police to enter and search farms if there were reasonable grounds to suspect that stock theft had been committed.Smuggling of stock across borders, he said, also had the potential of introducing unwanted diseases in Namibia and better control mechanisms had to be put in place.Minister of Agriculture, Water and Rural Development, Helmut Angula, claimed that Namibians were driving their cattle to Angola where they then sold them, and later reported them stolen in Namibia.At this point, Ekandjo inadvertently thought he was being accused of such practices, and jumped to his feet to say hat his farm was some 70 kilometres from Rundu and that he could not possibly be guilty of such an offence.Deputy Minister of Higher Education, Training and Employment Creation, Hadino Hishongwa, who the House noted had, in recent days, became the victim of stock theft for the second time, said compensation had to be stressed in punishing the accused.In response to comments from the House that the punishment might be too harsh, Minister of Home Affairs Jerry Ekandjo said the tabling of an amendment to the Criminal Procedures Act in the coming weeks would impose stricter punishment for murder and other violent crime.He said the Rape Act dictated the minimum punishment of not less than ten years for offenders.Ekandjo gave his assurance that those masterminding stock theft syndicates and those who bought the stolen goods, would be punished equally with those committing the action.