‘Right to kill’ bill under fire

THE Legal Assistance Centre has petitioned Justice Minister Albert Kawana to reconsider certain provisions in the new Criminal Procedure Bill, which it says militate against the Constitution.

A major worry is the right granted to arresting authorities to use lethal force in an attempt to arrest a suspect. “The killing of a suspect in circumstances where he or she poses no threat of violence to the arrestee or others, simply to arrest the suspect, cannot be justified under a constitutional democracy,” LAC Director Norman Tjombe told The Namibian yesterday.”The purpose of arrest is to bring people suspected of having committed offences before court for trial, and not to punish such persons.”The LAC said it welcomed the new law to replace a 27-year-old law, but that in parts it was impractical and out of sync with the Constitution.The bill was passed by the National Council yesterday, without amendments, as was the case in the National Assembly three weeks earlier.Tjombe says it is the court’s decision to determine punishment once a person is convicted.The LAC contends that the lethal force provision would also perpetuate a hostile police force – a remnant inherited from apartheid policing – instead of establishing an accountable and accessible police force.”The State and all its organs must be exemplary in protecting life,” maintains the LAC.The LAC says its approach would not detract from killing a suspect in self-defence or in defence of another person.The LAC has also taken issue with the minimum mandatory sentences stipulated for violent crime, saying it does not give the courts the option of using their own discretion to impose appropriate sentences in instances where they feel it is warranted.Tjombe pointed out that another concern of this provision was that it would force the courts to hand down the same sentences to juvenile offenders as those meted out to adults.This would not be in line with the Child Justice Bill, which should be tabled in the National Assembly early next year, it pointed out.The bill has met with the LAC’s approval on the rights currently afforded to victims of crime to enlist the services of legal practitioners as opposed to only the accused, regulations regarding delays in the finalisation of prosecutions and restitution for those who suffer through the criminal conduct of others.”The killing of a suspect in circumstances where he or she poses no threat of violence to the arrestee or others, simply to arrest the suspect, cannot be justified under a constitutional democracy,” LAC Director Norman Tjombe told The Namibian yesterday.”The purpose of arrest is to bring people suspected of having committed offences before court for trial, and not to punish such persons.”The LAC said it welcomed the new law to replace a 27-year-old law, but that in parts it was impractical and out of sync with the Constitution.The bill was passed by the National Council yesterday, without amendments, as was the case in the National Assembly three weeks earlier.Tjombe says it is the court’s decision to determine punishment once a person is convicted.The LAC contends that the lethal force provision would also perpetuate a hostile police force – a remnant inherited from apartheid policing – instead of establishing an accountable and accessible police force.”The State and all its organs must be exemplary in protecting life,” maintains the LAC.The LAC says its approach would not detract from killing a suspect in self-defence or in defence of another person.The LAC has also taken issue with the minimum mandatory sentences stipulated for violent crime, saying it does not give the courts the option of using their own discretion to impose appropriate sentences in instances where they feel it is warranted.Tjombe pointed out that another concern of this provision was that it would force the courts to hand down the same sentences to juvenile offenders as those meted out to adults.This would not be in line with the Child Justice Bill, which should be tabled in the National Assembly early next year, it pointed out.The bill has met with the LAC’s approval on the rights currently afforded to victims of crime to enlist the services of legal practitioners as opposed to only the accused, regulations regarding delays in the finalisation of prosecutions and restitution for those who suffer through the criminal conduct of others.