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Capital Punishment [1996] ZAConAsmRes 9 (17 February 1996)

 


17 February 1995
CAPITAL PUNISHMENT

Sometimes a murder is committed in the heat of the moment and the murderer lives to regret his violent action. On finding such a murderer guilty, I have no problem with the Judge deciding upon a suitable sentence other than the death penalty. There are other times however, when the murders are so brutal that society is outraged and I believe that the death penalty should remain an option e.g.

I when a murderer is found guilty of more than one murder
· rapists who murder their victims so that they cannot be identified
3 gangsters robbing banks etc and killing anybody who tries to stop them

A death sentence does not imply that life is cheap, on the contrary, it implies that life is precious and
announces to would-be murderers that they will pay with their lives if they take the life of another human being.

Judges are able to show clemency when there are mitigating circumstances but when a murder is so deliberate and cruel, they must have the right to pronounce the death sentence and I am opposed to the Constitution preventing them from doing this. Should there ever be any doubt about the wisdom of a Judge's verdict, then the State President should have the right to commute the death sentence to life imprisonment.

Those who advocate the removal of the death penalty say that capital punishment makes us a draconian state which may have been true some years ago, but the problem in South Africa right now is that society is becoming more and more violent just as our judicial system is becoming more and more lenient.

You have invited members of the'public to write to you and so I trust that this appeal will not go unheeded.

Yours faithfully




R A SOUTHALL


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