A High Court Justice in Botswana — nothing to do with the genius who was the first to be evicted from the Big Brother Africa house — has sentenced Michael Molefe of Soweto and a citizen of Botswana to be hanged for the murder of two Zimbabweans seven years ago.

The reports of the dramatic courtroom scenes and the effect that it has on the families of the convicted pair bring home how drastic a step this measure is. Trauma for them now to match the suffering of the families of the Zimbabweans seven years ago?

The ultimate punishment that will act as a deterrent to potential offenders or a barbaric act arising from an eye-for-an-eye mentality and demonstrating a continuing lack of humanity?

Whatever your feelings on the death penalty, the chances are that a referendum to decide the mood of all South Africans may well be on its way.

Jacob Zuma has made it clear that in a democracy, and in particular one where the issue of crime is so high on the agenda, such a referendum may well take place.

Whether it does act as a deterrent or not is the subject of much-heated debate the world over — of more interest to me however, is whether we, as human beings are, by introducing the death penalty, descending to the levels of the people we seek to punish?

Africa has 18 countries with the death penalty, while in the US 38 states still carry it.

Whether they have reduced capital crimes as opposed to, say European countries where the death penalty is seldom carried, is open to debate. A better comparison for Africa is to put the statistics of the 18 countries against the rest to judge its effectiveness on the continent.

Worldwide if we were to reintroduce it we would be seen as going against the current trend. Most countries, when debating the issue, are removing it from their statutes, slow as this process may be.

In my opinion there is one clear case for the introduction of the death penalty, but the Premiership wrote back to me and said that if they used it at Old Trafford they would have to use it everywhere.

Whatever!

The important thing is that all South Africans, in light of our crime rate, can now decide on this important issue — knowing that the criminal justice system is multiracial and that the decision of the people will be based upon their views on crime and not politics.

Author

  • Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn in 1984 (Mrs Traps, aka "the government") and has three sons (who all look suspiciously like her ex-boss). He was a counsellor on the JCCI for a year around 1992. His passions include Derby County, Blue Bulls, Orlando Pirates, Proteas and Springboks. He takes Valium in order to cope with Bafana Bafana's results. Practice Michael Trapido Attorney (civil and criminal) 011 022 7332 Facebook

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Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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