The time for change is now

Tshuka Luvindao writes:
 
Firstly I would like to extend heartfelt condolences to the family of the late Magdalena Stoffels. The recent mass outcry by the Namibian community, requesting in one voice the return of the death penalty, has got many a tongue wagging. Every few years a democratic state comes to a cross-road which in essence defines and lays out the blueprints for the future.

Unfortunately for Namibia this cross-road has reached a climax as a result of the taking of the life of a 17 year old young woman. The state finds itself in a position whereby the citizenry require the state to choose between constitutional principles such as the rule of law; justice for all and the right to life on the one hand and on the other the rights to life and dignity of rape and murder victims.

As thousands of people marched to the Katutura Magistrate Court last week, chanting for the return of the death penalty and holding up placards with a similar message, I was led to think how may of them have actually witnessed the intentional taking of a life? Do they really know what they are asking for?

Acknowledging the fact that the country as a whole is hurting and mourning the death of our young daughter, the death penalty is simply not the answer. Firstly the Namibian constitution under article 6 guarantees the right to life (rapist or not) and unequivocally outlaws the death sentence: ‘NO EXECUTIONS SHALL TAKE PLACE IN NAMIBIA’.

If we put to death those who murder and rape, how does that make us any different from them? The imposition of the death sentence amounts to cruel, inhuman and degrading punishment; it is the most heartless, hypocritical practice, worthy of the most uncivilised barbaric society that has no regard for the bill of rights and or the rule of law.

Many countries justify the state-sanctioned killings as being necessary to rid society of the worst kind of human being. However ‘Thou shall not kill’ is a fairly simple commandment that outlaws the premature extermination of the life of another, so the death penalty may not necessarily be against man, but it definitely is against God.

As more and more people howl for the death penalty, one is led to believe that they are more concerned with punishing the offenders instead of demanding a system of proper detection that would prevent these crimes from happening in the first place.

The problems we now face are a direct result of low detection and prosecution rates which must be tackled first before one screams for harsher punishment. However, the reason why the Namibian people are crying out for the state-sanctioned taking of a human life is because the justice system is failing at its fundamental duty: The Pursuit of Justice!

Too many crimes are going unpunished, and as a result the Namibian people are losing faith in the courts, not to mention the police. The Namibian people need to feel safe; and this duty lies solely with the state.

When it is no longer safe for a child to walk to and from school in broad daylight, the people will rise up and take matters into their own hands which would unleash a wave of unprecedented chaos.

Finally, there is a need for calm minds to prevail in this volatile situation, but above all the state needs to take action against these grown men that abuse and murder little children. Under the influence of anger, pain, sorrow, love (some of the most powerful emotions known to man); the regular Namibian is tired of the excuses of the police and the courts.

They have had enough of the inadequate sentencing of those who rape and murder, and as a result they seek radical reform in the measures taken to protect them and their children, the time for change is now.