After hearing about the response to your video, I thought it prudent to share the thoughts of a
prisoner on the topic. With campaigning for the upcoming elections gaining momentum, such
discussions are the norm. It is ironic though that whilst the free world debates ways in which to
combat crime, prisoners are preoccupied with one argument of their own- just how much of a
remission of their sentences will they be given, as it is customary for the President to grant
amnesty to all prisoners prior to elections.
As a prisoner, I have been exposed to every facet of the legal system and have had the
Prison is by no means a nice place but reform of prison laws in the guise of human rights has
reduced prisons to nothing more than a hostel-like environment. The legacy of apartheid is also
apparent in laws that want nobody to spend longer in prison than Madiba did. Whilst it would be
hypocritical for me who benefits from the current conditions to advocate for harsher conditions,
The concept of rehabilitation is but a pipe-dream. I will walk out of prison with 2 degrees and
numerous certificates to my name but had I spent my days idle, or worse still been involved
1. The criminal justice system in its entirety is a failure. The inadequacies of the police and
courts means that many innocent people languish behind bars whilst the guilty roam free. I
have read court transcripts of many inmates and even as a lay person cannot fathom how
some of them are in prison. This is not endemic to South Africa, as the phenomenon occurs
worldwide and every once in a while the innocence of the wrongly incarcerated comes to
light through the media.
The notion of being proven guilty beyond a reasonable doubt is too subjective a means of
judgement. Rape is the best example of this. If a woman says that a man raped her then he
is invariably found guilty despite forensic evidence and witness statements to the contrary.
Before the death penalty could be considered, a complete overhaul of the criminal justice
system is required.
The case of Donovan Moodley is also a good example. He has served just over 12 years of his
life sentence and is thus eligible for parole very soon. If there was a death penalty when he
was convicted, he would most likely have been executed by now. Only recently has evidence
come to light, which after due process, may actually prove his innocence after all. This raises
the issue not only of potentially executing innocent people but also raises the question of
how long one would give the convict to prove his innocence.
2. The death penalty cannot operate within the parameters of a corrupt criminal justice
system and government at large. Aside from inadequacies, corruption is rife within the
police force and even in the courts. As a man who would have faced a hypothetical death
penalty, I had the opportunity to pay off people to have my case “vanish.” How many would
avert the death penalty by being corrupt and how many authorities would jump to the
opportunities of accepting bribes knowing it could save a man’s life? Most people have
experienced traffic officials willing to accept a bribe, that mentality is only exacerbated with
the intensity of crimes.
3. Death does not scare criminals. Criminals know that every time they engage in serious
crimes that they are at risk of being killed by the police or security personnel, but this does
not deter them from their exploits. Cash in transit heists are a prime example; the criminals
know that the guards are armed but they feel that the reward is worth the risk. Similarly, a
Police Minister who advocates that police should shoot first has had no effect on criminal
activity. Criminals often resort to crime to escape from their plight, killing them could be
perceived as an easy way out.
4. Is death not too easy a punishment? The victims of crime have to live with the trauma of the
event for the rest of their lives. The trauma would not end simply because the criminal has
been killed. Would it not be just to rather let the criminal suffer for the rest of his life? I
conducted and informal survey of 10 prisoners who had confessed to the crimes of either
murder or rape. It was unanimous that a hypothetical death penalty would not have
deterred them from the crimes they committed but more interesting is the fact that 7 of the
10 would rather be killed than have to spend their lives in prison.
5. As a student, I have done university courses in criminology through which I learned that
empirical research indicates that the death penalty does not deter crime. In fact, in America,
the states with the death penalty have considerably higher rates of murder than states
without the death penalty.
6. There is a very fine line between justice and vengeance. What would it say of a society who
seek vengeance as opposed to justice?
7. Which offences would warrant the death penalty? Historically, murder and rape would
warrant the death penalty but in contemporary times do other crimes not have similar or
even worse consequences? Does a drug dealer not harm more people than a criminal who
affects one victim? Do the effects of those who embezzle pension funds not ruin the twilight
of many? Should a police officer who sells a confiscated firearm to a criminal not be seen as
complicit? What about government officials who ruin many lives through fraudulent
activity? Drunk driving kills more people than murder, should a drunk driver not be seen as a
murderer? So on the one hand we have a prison system that is failing and on the other hand we
have the death penalty, whose efficacy is unproven and which leads to many logistical, legal,
moral and ethical questions.
Despite the above-mentioned thoughts, I believe that drastic times call for drastic measures.
We cannot allow the situation to continue as it is. I therefore believe that the death penalty
should be reinstated, but with strict qualifications.Together with this and in light of the
inadequacies of the justice system, I believe that the prison system should also be overhauled.
The minimum sentences for offences needs to increase and offenders should serve their entire
sentences before being released. A life sentence must literally mean a life sentence.
The sentimental value of nobody spending more time in prison than Madiba should hold
no weight,especially in light of the hypocrisy that is evident in a case such as that of Janus Valus.
Increasing prison sentences will lead to higher costs of housing prisoners but this can be offset
by privatizing prisons; an endeavour through which government can actually profit as is the case
in some American states and elsewhere.Instead of the notion of rehabilitation, prisons should be
places of retribution as was the case in prior times. Inmates should be forced to engage in work
that will be of benefit to the society that they have wronged and not be burdens to the state. For
example; inmates could be used to clean the city streets, work at dump sites or sewage works, assist government parastatals in some capacity, farm produce for the destitute or even
be used to protect the rhinos! Such work would not only serve the society but it would help
the inmates to find purpose and practically see what it means to be an upstanding member
of society. This will help reduce the shocking recidivism rates.
People generally live up to the expectations that their station in life presents, by assigning some worth to a convict will they perhaps cease to live up to the stereotypical ex-convict expectations.
The onus for change cannot only come from government, a holistic and collective
effort is required with input from all spheres of society. Points such as those made in your video
or by me should not merely spark debate but should promote activism. Our country saw the
likes of Madiba and Ghandi effect change and we should not merely marvel at their
achievements but follow in their footsteps.Ultimately, the death penalty and/or an overhaul
of the prison system would be akin to treating a symptom rather than the cause.
Human beings are not inherently violent or bad, there is always some underlying reason for criminal behaviour. Changing the means of punishment may arguably have some benefit in the short term, but in the long term crime will still prevail if the underlying issues are not addressed. This is where we should be focusing our concerted efforts. This beautiful land is ours and as its custodians, we need to play an active part in helping it realize its true and full potential. Nkosi sikeleli Africa
As a prisoner, I have been exposed to every facet of the legal system and have had the
opportunity to gain first-hand insight into those who have perpetrated the heinous crimes
we all cringe at in the media. It is from this perspective that I share my thoughts on the notion
of the death penalty being the solution to the problem of violent crime.
Before expressing my opinion, it needs to be borne in mind that as a Muslim, I accept and
Before expressing my opinion, it needs to be borne in mind that as a Muslim, I accept and
condone capital punishment as it is divine decree. This is however immaterial because I do
not live in a Muslim state.
I will thus share my thoughts from a secular perspective. I do however find it
interesting that the Abrahamic faiths, indigenous faiths and even their syncretic versions all
advocate the concept of “an eye for an eye.” As society, we have over time all generally moved
interesting that the Abrahamic faiths, indigenous faiths and even their syncretic versions all
advocate the concept of “an eye for an eye.” As society, we have over time all generally moved
away from and diluted the teachings of our faiths; this has resulted in a glaring inverse
relationship between faith and crime. A large part of the crime problem is merely a
manifestation of a society without morals, ethics or the concept of accountability to a higher Being.
South Africa abolished the death penalty with the dawn of democracy. The new Constitution and
relevant Acts sought to change the orientation of prisons from places of punishment to places of
rehabilitation. Prisons became Correctional Centres and prisoners became offenders.
relevant Acts sought to change the orientation of prisons from places of punishment to places of
rehabilitation. Prisons became Correctional Centres and prisoners became offenders.
Crime statistics confirm popular sentiment that this system simply does not work, despite
billions having been spent on it. The system has done nothing to deter criminal activity,
nor has it had any meaningful success in rehabilitating criminals. This is not surprising at
all to me as I have experienced prisons as being nothing but “Universities of crime”.
Prison is by no means a nice place but reform of prison laws in the guise of human rights has
reduced prisons to nothing more than a hostel-like environment. The legacy of apartheid is also
apparent in laws that want nobody to spend longer in prison than Madiba did. Whilst it would be
hypocritical for me who benefits from the current conditions to advocate for harsher conditions,
I do believe that laws should be toughened and that sentiment should not play such a major role,
in the face of unprecedented crime levels. For instance, a life sentence is the harshest
punishment that there currently is. It is an absolute misnomer for it does not mean that a
person will spend life in prison. Those sentenced before the change of the Correctional Services
Act in 2004 are being released after spending just over 12 years in prison and as it stands
those sentenced after the promulgation of the new Act need to serve 25 years before obtaining
parole;there is no such a thing as spending the rest of one’s life in prison under the current laws.
punishment that there currently is. It is an absolute misnomer for it does not mean that a
person will spend life in prison. Those sentenced before the change of the Correctional Services
Act in 2004 are being released after spending just over 12 years in prison and as it stands
those sentenced after the promulgation of the new Act need to serve 25 years before obtaining
parole;there is no such a thing as spending the rest of one’s life in prison under the current laws.
The concept of rehabilitation is but a pipe-dream. I will walk out of prison with 2 degrees and
numerous certificates to my name but had I spent my days idle, or worse still been involved
in illegal activity, I would still walk out of prison at the same time. The departmental efforts to
rehabilitate are just a sham, there is nothing concrete that one can take out of any of their courses.
From the onset of my incarceration, I have always been shocked at the lack of remorse from
criminals. Fellow inmates speak candidly of their crimes and only have one regret-
From the onset of my incarceration, I have always been shocked at the lack of remorse from
criminals. Fellow inmates speak candidly of their crimes and only have one regret-
that they did not get away with the crime. More worryingly, the majority of inmates speak freely
of how they will improve their exploits upon release; this is corroborated by the startling recidivism rates. Prison, in its current form, is no deterrent to crime.
Like many others, I have often felt that the death penalty would be the solution. Like many
advocates of the death penalty, it is often a thought process triggered by an
Like many others, I have often felt that the death penalty would be the solution. Like many
advocates of the death penalty, it is often a thought process triggered by an
emotional response to crime that has a personal impact. When learning from first hand
prisoners,how they as robbers or hijackers, who cost the tax-payer over R10 000 a month,
shot victims dead for no reason whatsoever or how men raped with impunity, I felt that they
deserved nothing but death. Over time though, my position has weakened, for a number of reasons:
1. The criminal justice system in its entirety is a failure. The inadequacies of the police and
courts means that many innocent people languish behind bars whilst the guilty roam free. I
have read court transcripts of many inmates and even as a lay person cannot fathom how
some of them are in prison. This is not endemic to South Africa, as the phenomenon occurs
worldwide and every once in a while the innocence of the wrongly incarcerated comes to
light through the media.
The notion of being proven guilty beyond a reasonable doubt is too subjective a means of
judgement. Rape is the best example of this. If a woman says that a man raped her then he
is invariably found guilty despite forensic evidence and witness statements to the contrary.
Before the death penalty could be considered, a complete overhaul of the criminal justice
system is required.
The case of Donovan Moodley is also a good example. He has served just over 12 years of his
life sentence and is thus eligible for parole very soon. If there was a death penalty when he
was convicted, he would most likely have been executed by now. Only recently has evidence
come to light, which after due process, may actually prove his innocence after all. This raises
the issue not only of potentially executing innocent people but also raises the question of
how long one would give the convict to prove his innocence.
2. The death penalty cannot operate within the parameters of a corrupt criminal justice
system and government at large. Aside from inadequacies, corruption is rife within the
police force and even in the courts. As a man who would have faced a hypothetical death
penalty, I had the opportunity to pay off people to have my case “vanish.” How many would
avert the death penalty by being corrupt and how many authorities would jump to the
opportunities of accepting bribes knowing it could save a man’s life? Most people have
experienced traffic officials willing to accept a bribe, that mentality is only exacerbated with
the intensity of crimes.
3. Death does not scare criminals. Criminals know that every time they engage in serious
crimes that they are at risk of being killed by the police or security personnel, but this does
not deter them from their exploits. Cash in transit heists are a prime example; the criminals
know that the guards are armed but they feel that the reward is worth the risk. Similarly, a
Police Minister who advocates that police should shoot first has had no effect on criminal
activity. Criminals often resort to crime to escape from their plight, killing them could be
perceived as an easy way out.
4. Is death not too easy a punishment? The victims of crime have to live with the trauma of the
event for the rest of their lives. The trauma would not end simply because the criminal has
been killed. Would it not be just to rather let the criminal suffer for the rest of his life? I
conducted and informal survey of 10 prisoners who had confessed to the crimes of either
murder or rape. It was unanimous that a hypothetical death penalty would not have
deterred them from the crimes they committed but more interesting is the fact that 7 of the
10 would rather be killed than have to spend their lives in prison.
5. As a student, I have done university courses in criminology through which I learned that
empirical research indicates that the death penalty does not deter crime. In fact, in America,
the states with the death penalty have considerably higher rates of murder than states
without the death penalty.
6. There is a very fine line between justice and vengeance. What would it say of a society who
seek vengeance as opposed to justice?
7. Which offences would warrant the death penalty? Historically, murder and rape would
warrant the death penalty but in contemporary times do other crimes not have similar or
even worse consequences? Does a drug dealer not harm more people than a criminal who
affects one victim? Do the effects of those who embezzle pension funds not ruin the twilight
of many? Should a police officer who sells a confiscated firearm to a criminal not be seen as
complicit? What about government officials who ruin many lives through fraudulent
activity? Drunk driving kills more people than murder, should a drunk driver not be seen as a
murderer? So on the one hand we have a prison system that is failing and on the other hand we
have the death penalty, whose efficacy is unproven and which leads to many logistical, legal,
moral and ethical questions.
Despite the above-mentioned thoughts, I believe that drastic times call for drastic measures.
We cannot allow the situation to continue as it is. I therefore believe that the death penalty
should be reinstated, but with strict qualifications.Together with this and in light of the
inadequacies of the justice system, I believe that the prison system should also be overhauled.
The minimum sentences for offences needs to increase and offenders should serve their entire
sentences before being released. A life sentence must literally mean a life sentence.
The sentimental value of nobody spending more time in prison than Madiba should hold
no weight,especially in light of the hypocrisy that is evident in a case such as that of Janus Valus.
Increasing prison sentences will lead to higher costs of housing prisoners but this can be offset
by privatizing prisons; an endeavour through which government can actually profit as is the case
in some American states and elsewhere.Instead of the notion of rehabilitation, prisons should be
places of retribution as was the case in prior times. Inmates should be forced to engage in work
that will be of benefit to the society that they have wronged and not be burdens to the state. For
example; inmates could be used to clean the city streets, work at dump sites or sewage works, assist government parastatals in some capacity, farm produce for the destitute or even
be used to protect the rhinos! Such work would not only serve the society but it would help
the inmates to find purpose and practically see what it means to be an upstanding member
of society. This will help reduce the shocking recidivism rates.
People generally live up to the expectations that their station in life presents, by assigning some worth to a convict will they perhaps cease to live up to the stereotypical ex-convict expectations.
The onus for change cannot only come from government, a holistic and collective
effort is required with input from all spheres of society. Points such as those made in your video
or by me should not merely spark debate but should promote activism. Our country saw the
likes of Madiba and Ghandi effect change and we should not merely marvel at their
achievements but follow in their footsteps.Ultimately, the death penalty and/or an overhaul
of the prison system would be akin to treating a symptom rather than the cause.
Human beings are not inherently violent or bad, there is always some underlying reason for criminal behaviour. Changing the means of punishment may arguably have some benefit in the short term, but in the long term crime will still prevail if the underlying issues are not addressed. This is where we should be focusing our concerted efforts. This beautiful land is ours and as its custodians, we need to play an active part in helping it realize its true and full potential. Nkosi sikeleli Africa
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