Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
Another look at minimum sentencing
It is my view that the challenge now is to begin to understand that minimum sentencing legislation is not the panacea for our crime problem. Rather, it is the certainty of punishment that is far more of a deterrent. Also, that sustained change will require substantial investment in the development of sound social policy on issues such as education, health and poverty alleviation.
I cannot agree more. But punishment is not only about deterrence. Punishment in criminal cases should also reflect, to some degree, the seriousness with which a society views different crimes. Punishment therefore has a strong symbolic function. When the criminal justice system fails to adequately punish even those few perpetrators convicted of rape and other violent crimes against women, it sends a signal that the system does not value women equally with men.
We will not stop rape by forcing judges to impose minimum sentences for rapists. But such laws will make judicial officers think again about their views on rape and will send a signal that as a society we abhor violence against women. Such a signal will be far more potent than the pious statements of politicians during the sixteen days of activism because it says we are prepared to put the power and the money of the state behind this effort to stop rape.
