Proposed new stock theft penalties get CoDs goat

THE Congress of Democrats on Wednesday slammed the stiffer sentences Government has proposed for stock thieves.

“I cannot accept the draconian punishment of 20 years for the theft of a goat for a first offender,” the CoD’s Nora Schimming-Chase said in the National Assembly. She argued that the proposed new sentences were incongruous with the punishment meted out for other crimes.”I call it draconian because a CEO or management staff of a parastatal can steal millions, whilst having a huge salary, and not go to jail,” she said.She said a 30-year prison term for a repeat offence would result in both the overcrowding of prisons and aggravate the suffering of poor families.Home Affairs Minister Jerry Ekandjo introduced legislation in Parliament two weeks ago to amend the Stock Theft Act of 1990, arguing that current law was not enough of a deterrent to curb increasing stock theft.Accordingly, offenders would not be given the option of paying a fine as compensation for their transgression.At present, a first-time offender may not serve a prison term of longer than 10 years while a maximum sentence of 20 years can be imposed for a second conviction.An offender may also be forced to only pay a maximum of N$40 000 fine or to pay this in addition to serving a sentence.Schimming-Chase said it was obvious that there were irregularities within the justice system and that not all perpetrators of the crime were handed equal punishment.She said those who were better off and could afford legal representation got away with paying a fine, while poor people who stole to feed their family were imprisoned.Schimming-Chase said compared to sentences for murder, domestic violence, fraud, theft of rape in the country, the punishment for the theft of one animal was too harsh.”We risk, as lawmakers, giving the stolen goat a higher value than the life of a Namibian, the mental and physical health of a rape victim,” she said.Monitor Action Groups Kosie Pretorius supported Schimming-Chase.He said while he could not fault the principle of the proposed law, Government would be “sending out wrong signals” about the crime.Pretorius said that in most cases murderers only served a sentence of between 15 and 20 years.While the law proposed compensation for the stock theft victim’s losses, there was no such provision for the family of a murdered person, he added.Schimming-Chase said the judiciary had to be allowed to exercise its discretion based on the merits of a case.”For as long as we have unemployment and poverty, for as long as we tolerate the fact that the rich are getting richer and the poor poorer, we have to have humane legislation that takes these problems into account.”The party whip argued that in amending legislation Government also had to consider convicting those who enticed others, who were desperate, to steal.She also pushed for those who bought the stolen livestock to be punished.She argued that the proposed new sentences were incongruous with the punishment meted out for other crimes.”I call it draconian because a CEO or management staff of a parastatal can steal millions, whilst having a huge salary, and not go to jail,” she said.She said a 30-year prison term for a repeat offence would result in both the overcrowding of prisons and aggravate the suffering of poor families.Home Affairs Minister Jerry Ekandjo introduced legislation in Parliament two weeks ago to amend the Stock Theft Act of 1990, arguing that current law was not enough of a deterrent to curb increasing stock theft.Accordingly, offenders would not be given the option of paying a fine as compensation for their transgression.At present, a first-time offender may not serve a prison term of longer than 10 years while a maximum sentence of 20 years can be imposed for a second conviction.An offender may also be forced to only pay a maximum of N$40 000 fine or to pay this in addition to serving a sentence.Schimming-Chase said it was obvious that there were irregularities within the justice system and that not all perpetrators of the crime were handed equal punishment.She said those who were better off and could afford legal representation got away with paying a fine, while poor people who stole to feed their family were imprisoned.Schimming-Chase said compared to sentences for murder, domestic violence, fraud, theft of rape in the country, the punishment for the theft of one animal was too harsh.”We risk, as lawmakers, giving the stolen goat a higher value than the life of a Namibian, the mental and physical health of a rape victim,” she said.Monitor Action Groups Kosie Pretorius supported Schimming-Chase.He said while he could not fault the principle of the proposed law, Government would be “sending out wrong signals” about the crime.Pretorius said that in most cases murderers only served a sentence of between 15 and 20 years.While the law proposed compensation for the stock theft victim’s losses, there was no such provision for the family of a murdered person, he added.Schimming-Chase said the judiciary had to be allowed to exercise its discretion based on the merits of a case.”For as long as we have unemployment and poverty, for as long as we tolerate the fact that the rich are getting richer and the poor poorer, we have to have humane legislation that takes these problems into account.”The party whip argued that in amending legislation Government also had to consider convicting those who enticed others, who were desperate, to steal.She also pushed for those who bought the stolen livestock to be punished.