Category: Legal

Minister of Justice and Constitutional Development, Ronald Lamola, says there is “no credible evidence” to suggest that the death penalty is more effective at deterring criminality than long prison sentences.

 

The Minister was addressing the 13th International Congress of Justice Ministers in Rome on Wednesday morning, where dialogues are being held between both death penalty abolitionist and retentionist countries.

 

“Countries that have death penalty laws do not have lower crime rates or murder rates than countries without such laws. Where the death penalty has been there, (there are) also no significant changes in either crime or murder rates.

 

“As we gather here today, there is consensus that the State-sponsored vengeance in the form of the death penalty does not alter society. If anything, it makes the world even more violent and inhumane.”

 

Lamola explained that although the values of South Africa’s Constitution and international law are “mutually reinforcing and interrelated”, South Africa has taken the stance to affirm the right to life in “our extradition and mutual legal assistance framework”.

 

“Our Extradition Act… makes it clear that where an offence is punishable by death or any other inhumane or degrading punishment under the laws of the requesting State… South Africa will be obliged to engage the requesting State to provide assurances… that the death penalty or other inhumane or degrading punishment will not be imposed, or if imposed, will not be carried out.

 

“We believe that this approach will enable us to not only uphold a human rights culture in the world but ensure that our commitments in forums like these and in other multilateral institutions are credible and continue to spread across,” Lamola said.

 

He emphasised that the role of the justice system is “not a pursuit of vengeance but justice”.

 

“Justice does not only judge the person before the court, it adjudicates the actions of society as a whole.

 

“Therefore, the ultimate solution in addressing the harms that criminals accrue to society is not limited to afflicting a consummate response on the perpetrator, but also helping society understand why our communities produce individuals who are of this calibre,” he said.

 

Source: South African Government News Agency

NORTH WEST – Khumo Maleshane (29) appeared before the Wolmaransstad Magistrate’s Court on 09 January 2023 following his arrest by the Hawks’ Serious Organised Crime Investigation assisted by members of SAPS Crime Intelligence, K9 unit and Visible Policing in connection with a cash-in-transit robbery that took place about 5 km from Wolmaransstad on the morning of 05 January 2023.The accused was arrested in Potchefstroom that same afternoon.It is alleged that on Thursday, 05 January 2023 at approximately 07:10, a group of suspects allegedly rammed into a cash van that was en-route to Wolmaransstad from Klerksdorp causing the cash van to veer off the road, the armed suspects allegedly then bombed the cash van and made off with an undisclosed amount of money and two firearms belonging to the security officers.A manhunt was immediately launched which led to the arrest of the accused, within a couple of hours. He was arrested around 15:00 in Potchefstroom after he was found in a vehicle that allegedly fitted the description of one of the vehicles at the crime scene. He was also reportedly found in possession of a bag with over R60 000 in cash. Both the vehicle and the money were seized for further investigation.The accused is facing charges of robbery with aggravating circumstances, attempted murder, malicious damage to property and contravention of the Explosives Act. The matter was postponed to 13 January 2023, and the accused was remanded in custody.Investigations are still ongoing and more arrests cannot be ruled out.Source: South African Police Service

ISLAMABAD — A team set up by the Pakistani government to probe the killing of a well-known Pakistani journalist in Nairobi said it found several contradictions in the version given by Kenyan authorities, and believes it was a case of pre-meditated murder.

 

TV journalist Arshad Sharif, who had fled Pakistan citing threats to his life, was shot dead in Nairobi in October. Kenyan officials said it was a case of mistaken identity and police hunting car thieves opened fire on his vehicle as it drove through a roadblock without stopping.

 

A two-member fact-finding team from Pakistan that traveled to Kenya and conducted a number of interviews, examined and reconstructed the crime scene, and examined the deceased’s phones and computers, said in a 600-page report that Sharif’s killing was a pre-planned murder.

 

“Both the members of the [fact-finding team] have a considered understanding that it is a case of planned targeted assassination with transnational characters rather than a case of mistaken identity,” said the report, copies of which were submitted to Pakistan’s Supreme Court.

 

“It is more probable that the firing was done, after taking proper aim, at a stationary vehicle,” it said.

 

Kenyan authorities declined comment on the specifics of the report.

 

“The investigation into the matter is still ongoing, so there is not much I can tell,” said Resila Onyango, spokesperson for the Kenya National Police Service.

 

A multi-agency team is conducting the investigation, she said, adding that the team will apprise authorities when they are done with the probe.

 

The chairperson of the Kenyan police watchdog Independent Police Oversight Authority, Anne Makori, also told Reuters investigations were still ongoing.

 

Pakistan’s Interior Minister Rana Sanaullah had said before the release of the report that Sharif’s body had bruises and torture marks, suggesting it was a targeted killing.

 

The fact-finding team highlighted one wound in particular on Sharif’s back, saying it appeared to have been inflicted from relatively close range.

 

The report noted there was no corresponding penetration mark of a bullet on the seat on which Sharif was sitting when the shooting purportedly took place, calling it a “ballistic impossibility.”

 

“The injury had to have been caused either before the journalist got into the vehicle, or the shot was fired from a relatively close range, possibly from inside the vehicle, and almost certainly not a moving vehicle,” the report said.

 

Case of treason

 

Sharif had fled Pakistan citing threats to his life after the government registered several treason cases against him.

 

One of the treason cases stemmed from reporting Sharif did that led to an accusation he had spread a call from an official in a previous government, led by former cricket star Imran Khan, for members of the armed forces to mutiny.

 

Both Sharif and the official in the previous government denied inciting mutiny.

 

Former Prime Minister Khan said Sharif had been murdered for his journalistic work. He and his successor Prime Minister Shehbaz Sharif, not related to the journalist, had called for a judicial investigation.

 

The fact-finding team’s report also pointed out apparent contradictions in the autopsy reports in Kenya and Pakistan.

 

The post-mortem report in Pakistan identified 12 injuries on Sharif’s body whereas the Kenyan report identified just two injuries pertaining to gunshot wounds.

 

The fact-finding team report said doctors believed the injures may be the result of torture or a struggle, but it could not be established until verified by the doctor who conducted the post mortem in Kenya.

 

Source: Voice of America

Concerted efforts to eradicate the prevalence of drug abuse within our vulnerable communities yielded excellent results when member attached to Operation Restore conducted high density crime combating patrols and confiscated a substantial quantity of dagga and tik in Khayelitsha.

 

On 07 December 2022, members attached to our Provincial Operation Restore deployed in Harare, Khayelitsha were conducting stop-and-search crime combatting operations in the area when they spotted a suspicious person exiting a shebeen. Upon noticing the members, the suspect attempted to flee but the vigilant members responded with vigour and stopped him. They ensued with a search and found a parcel containing dagga as well as three packets of tik on his person. He was arrested on the spot and detained for the possession of illicit drugs. He is due to make his first court appearance in the Khayelitsha Magistrates’ court once charged.

 

Meanwhile members attached to the Economical Infrastructure Task Team, during an intelligence driven operation pounced on a residence in in Hanover Park on Thursday after obtaining a search warrant. They ensued with a search and confiscated a large quantity of copper, a .22 revolver, ammunition, four electrical scales and a bag containing more than 2km of tik.

 

A couple between the ages 35 and 45 was arrested as a result of the find. They face charges related to the illegal possession of a firearm and ammunition, illegal possession of drugs as well as contravention of the Criminal Matter Amendment Act.

 

Source: South African Police Service

The sheer determination of Philippi SAPS members to eradicate crime in their policing precinct resulted in multiple arrests in the past two days.  This morning, a 21-year-old male suspect was arrested for possession of ammunition in Lansry Walk. The members responded to information received while doing crime prevention duties in Hanover Park. They were informed of two suspicious males in the vicinity and they approached and searched them. One male had ammunition he could not account for. He was arrested and detained at Philippi SAPS.

 

In another incident, on Thursday 08 December 2022, Philippi SAPS members arrested a 53-year-old male suspect in the same area. He was found in possession of a 9mmm pistol with ammunition.

 

Both suspects will appear in the Athlone Magistrate’s court on Monday, 12 December 2022.

 

Furthermore, a 43-year-old male from Lavender Hill was spotted by Philippi SAPS members who were busy with crime prevention duties in Hanover Park. The man was in contravention of a court order that prohibits him from setting foot in Hanover Park. He was remanded in custody until his next court appearance.

 

Source: South African Police Service

The police in Springbok followed up on information of a business robbery in Port Nolloth that took place during the early hours and intercepted the vehicle with the seven alleged suspects in, in Tolweg in Springbok.

 

Three suspects were arrested and the other four managed to flee when police stopped and searched the Toyota Minibus.

 

Police confiscated one firearm, 5 live rounds, a gas pistol, 38 unpolished diamonds and a substantial amount of cash consisting of national and international currencies.

 

Police are looking at linking the suspects to a business robbery that took place on 07 December 2022 at about 18:30 in Port Nol.

 

The seven suspects threatened the owner, tied him up and fled with a large amount of cash.

 

The three suspects are between the ages of 18 and 41 years and are residents of Johannesburg and Port Nolloth. They will be appearing in the Springbok Magistrates Court soon.

 

Police are searching for the four suspects who are still at large and warns the public not to approach them as they might be armed and dangerous.

 

Anyone with information can call D/Capt Swanepoel on 0823020364 or contact us on the MySAPS App. The investigation continues.

 

Source: South African Police Service

The Provincial Commissioner for the Northern Cape, Lt Gen Koliswa Otola in conjunction with external stakeholders held the official closing of the 16 Days of Activism for no violence against women and children campaign, on 09 December 2022 in Tsineng, Northern Cape.  Phase one of the programme started with the formal programme at the Tsineng Community hall, where the Provincial Commissioner, accompanied by her Provincial as well District Management engaged with community members from surrounding villages in the JTG district.

 

The theme for the 2022 Campaign is “Socio-Economic Rights and Empowerment to build Women’s Resilience against Gender Based Violence and Femicide: Connect, Collaborate Contract.”

 

The programme commenced with the opening devotion and prayer was delivered by Rev Gaseranye while the welcoming was relayed by Cllr Tagane

 

The purpose of the day was conveyed by the newly appointed Deputy Provincial Commissioner for Policing in the Northern Cape, Maj Gen Ngubelanga, followed by an address by the District Commissioner of John Taolo Gaetsewe, Maj Gen Besnaar.

 

The multi-disciplinary event had messages of support from the Department of Transport, Safety and Liaison, Department of Correctional Services, Department of Justice and Constitutional Development, the CPF, Labour Unions POPCRU and SAPU.

 

The Provincial Commissioner, Lt Gen Otola reiterated that the 16 Days campaign runs concurrently with the SAPS Festive Season Operations which promises to have more boots on the ground to enhance pro-active policing and combat the scourge of violence against women and children and femicide.

 

Victims of GBVF are also encouraged to report crimes committed against them.

 

The vote of thanks was delivered by Kgosi Shuping as a representative from the House of Traditional Leaders.

 

During phase two of the programmr, General Otola and her management concluded the day’s event with a walk-about at the Kuruman Mall and taxi rank where she interacted with shoppers, drivers and commuters.

 

“The SAPS will continue unabatedly in all endeavors to squeeze the space for criminals to operate in the Northern Cape, said Gen Otola.”

 

The programme was directed by Col Nkunika and the SAPS band set the tone for the day with beautiful music in Tsineng and at the Kuruman Mall.

 

Source: South African Police Service