Crimes like Rhodes Park murder case prompt report into reintroduction of death penalty: IRR

Jabu Mbatha at Rhodes Park in Kensington, where she was raped by a group of men who also drowned her fiancé and his friend in October last year. Photo: MOEKETSI MOTICOE
Jabu Mbatha at Rhodes Park in Kensington, where she was raped by a group of men who also drowned her fiancé and his friend in October last year. Photo: MOEKETSI MOTICOE

The “most compelling argument” against the reintroduction of a death penalty is “that an irreversible error can be made”‚ the Institute for Race Relations (IRR) said on Tuesday.

The think tank said it had compiled a report on the controversial topic “against a context of rising levels of serious and violent crime‚ often characterised by extraordinary cruelty and violence on the part of perpetrators”.

“The current Rhodes Park murder and rape case would be an example‚” an IRR statement said.

That refers to the ongoing trial of Thabo Nkala‚ Admore Ndlovu and Mduduzi Mathibela‚ who are accused of being part of the gang of men that killed Sizwe Tyeke and Zukisa Kela‚ and raped their female partners in Kensington October 2015.

Said IRR CEO Dr Frans Cronje: “We were asked to look into the death penalty as a way to deter the most cruel and violent crimes – such as the Rhodes Park murders. These are crimes characterised by gratuitous violence in which victims are tortured‚ family members raped or executed in front of their loved ones‚ and children harmed. South Africa has far too many examples of such crimes.”

IRR security analyst Kerwin Lebone said that‚ considering “almost 500 000 people have been murdered by violent criminals since 1994… it must be expected that the society might ask questions of the wisdom of having abandoned the death penalty”.

The IRR said its research “tested five objections to the death penalty”. They were: “that it is cruel and unusual; that it is a form of retribution; that it is arbitrary; that the penalty is not a deterrent to crime; and that an irreversible error can be made”.

“The IRR was able to overcome the first four objections‚” the statement said. “It found that the death penalty is not necessarily cruel and unusual. Society is entitled to a measure of retribution. The arbitrariness is not unique to that form of punishment. The international evidence is mixed but‚ in South Africa’s unique circumstances‚ the death penalty could well be a deterrent to the commission of the most cruel and violent of crimes.”

But‚ the statement added‚ “the most compelling argument against the punishment was the possibility of error – particularly in the case of the South African criminal justice system” and that “while a case could be made to reopen a debate into the death penalty‚ this debate would have to overcome the fifth objection to that penalty”.

 

– TMG Digital

 

 

 

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