Human rights should be humane first

Vereeniging - "Democracy is to hear what the people say. A referendum regarding the death penalty must be held now," says Judge Gerhardus Hattingh.

"All right-thinking South Africans, brown, black or white, want the death penalty to be re-introduced," said the judge in sentencing three young men for the murder of Makgabo Matlala, granddaughter of Transvaal Judge-President Bernard Ngoepe.

Johannes Siphiwe Molefe, 22, was sentenced to two life terms for rape and murder, and 20 years' for robbery.

Lucky Ndlovu, 21, received a life sentence for murder, two life terms for repeated rape, and 20 years' for robbery.

Steve Tsietsi Mhlanga, 22, was sentenced to 20 years' imprisonment for robbery and 10 years for taking part in the crime. The sentences will run concurrently.

Referred to constitution

Judge Hattingh said a true democracy was to listen to the people. The time had now arrived, he said.

In passing sentence, he referred to the constitution, which stated every person had the right to life. The Constitutional Court ruled in 1995 that the death penalty was unconstitutional.

He said if the constitution made provision for the right to life, it also should make provision that the life of murderers - who took the life of others - should be taken.

"If all else fails, the constitution should be rewritten. What the people want must triumph.

"That's why a referendum regarding the death penalty must take place."

He said the people had to be given an opportunity to be heard; not just a few in high positions who made sentimental remarks about the compassion they had for crime victims.

Rosy future is 'nonsense'

Hattingh said he had earlier read with "shock and dismay" reports which quoted Safety and Security Minister Charles Nqakula as saying crime was declining and the country's future was rosy.

Judge Hattingh said he had to tread carefully, but continued: "With respect - that's nonsense.

"Every time crime statistics are announced, the opportunity is also taken to announce what's going to happen to curb crime.

"Not a lot has happened."

The judge said he wasn't allowed to move into the political arena, but he had to deliver judgment.

"I took an oath. It's my duty and my job. No one can tell a judge how he has to pass sentence, but it has to be judicial."

He said the government had to get a lot of blame for not being able to stop the crime wave rippling through the country.

He also criticised the fact that the sentences would run concurrently.

Must spend 40 years in jail

Judge Hattingh told State advocate Elbie Leonard SC the application of the judicial system was "sick" and the State should re-address it, because to sentence someone to different terms of imprisonment was "just of academic interest."

The judge ruled that they could be eligible for parole only after 40 years in prison.

"Maybe you will be respectable by then," said Judge Hattingh.
Taken from News24.co.za
By now it should be clear to you that my views on racial relations are not exactly positive. But for the love of the gods, look at that man in the picture. My heart bleeds when I see anyone in that position. What kind of justice is there for a man like that who lost his son to savagery? NOTHING can bring back his son. What do these savages get in return for committing a deed that is characteristic of animals in the wild? A life in prison with free food, a free bed and a free gym contract. Certainly, they can't come and go as they please ( at least that is what the idea is), but who has to pay for this less luxurious life? THATS RIGHT!! Mr Matlala and other tax payers.

This fucks me off and makes me de-bliksem in. Gas the fucking tsotsi's!! South Africa and the world will be a better place without them. Mr Matlala will not get his son back, but at least he will have the peace of mind that the fuckers won't be back. Dead men commit no crimes.

Ubaba Matlala, namlhanye siyakhala. (That's poor isiZulu for "Mister Matlala, we are crying together today.")

No more tsotsi's! No more crime! Simple as that.

Who is this Tutu guy and why do I like him?

Motshegoa said" "We can't allow Tutu to undermine decisions that are taken within constitutional structures of the ANC."
As the archbishop said, he is merely voicing his opinion. I for one am very glad that someone within the ranks of the idiotic ANC has his head screwed on right. Archbishop Tutu is putting his head on the line. Why? He has nothing to gain. He is well-respected nationally and abroad for his role in maintaining peace in South Africa. I think the man knows a thing or two about both the ANC and its mindless masses, of which this Motshegoa is a prime example.

Motshegoa added: "Does Tutu think he is higher than the court that cleared Jacob Zuma, or does he think he has a better moral base than others?".The proof of the pudding is in its taste.

By the way, Zuma is cleared of a rape charge under technicalities. However, Zuma is still on trial for his role in the arms deal that has more holes in it than a Swiss cheese. Where there is smoke, there is a fire. Tutu doesn't even have a spark when it comes to spending time in court on the wrong side of the bench. That alone gives him moral leverage over Zuma.

Oh, and being archbishop is generally an indication that perhaps you do have a more moral nature than others.

But Mbeki - who could face a contest for the ruling ANC leadership next year against Zuma - said: "We must ask ourselves the question, how is it possible that children, such as the members of Cosas, feel empowered to demand that their grandfathers should 'provide us with their sexual history before they speak as experts on sexual behaviour'!"
I am not sure what to make of Oom Thabo. All I know is, this country has miraculously not gone down the drain like Zimbabwe. The economy is doing MUCH better than anyone expected. He may not be doing everything right, but he is doing something right where it matters. I am glad that he is addressing this vigilantism amongst the black youths of this country who want to toi-toi against their much wiser elders everytime they don't get their way. There is a negotiation table for a reason, and if they could string 2 reasonable sentences together they would have it at their disposal.

Mbeki asked: "How is it possible that these children become so emboldened that they can easily dismiss the views of their grandfather by describing him as "a scandalous man?".
I agree, Oom Thabo. The only scandalous man I see is Zuma, who is even trying to put a muzzle on the press. If he is innocent, why? The eyes of the world are on him, he has the press at his disposal to spread positive messages - such as the ABCT AIDS campaign. The only problem with that is the scandalous man who took a shower after sleeping with a woman who is known to have had AIDS is probably in no moral position to preach to anyone about preventing AIDS.

My instinct tells me these whippersnappers are taking bribes to cause shit. As I mentioned, Tutu has nothing to gain by stirring shit. Zuma, on the other hand, is knee-deep in the shit as it is.

He said: "What happened that inspired the very young to conclude that our national heroes are nothing more 'than loose cannons that have been 'certificated' without formal education on justice, by conspirators who have degrees in political jealousy and conspiracy'!

"What is it that gives the very young the audacity to repudiate what our senior citizens say to all of us as being nothing more than the product of 'howling voices'!"

Tutu had said in the lecture: "Our constitution, which the country's president promises to guard and uphold, guarantees to each of us the right to our point of view.

"I like Jacob Zuma as a warm, very approachable person, but he did nothing to stop his supporters (during the rape case).

"I for one would not be able to hold my head high if a person with such supporters were to become my president, someone who didn't think it was necessary to apologise for engaging in casual sex without taking proper precautions in a country that is being devastated by this horrendous HIV/Aids pandemic. What sort of example would he be setting?"
Honourable Archbishop Tutu, my head has been hanging in shame for this country ever since the ANC took over. I am a godless heathen who despises the church, but for once I can hold my head up high and say I am proud of at least one person in this country who is not afraid to take a stance against the idiots who are ruining it.
Thank you, Archbishop Tutu.