A prisoner’s thoughts on the death penalty

                        https://lincolnliontales.com/26198/community/debating-the-death-penalty/

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

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

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

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.

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.

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-

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

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

Letter from a prisoner - Scandals

www.scandalcolumn.com

To varying degrees, it seems that every community has an innate perspicacity for scandal. The continued success of television soapies is indicative of our , excuse the pun, lust for scandal. Scandal seems to know no boundaries, for it is rather rife even within the seemingly sterile confines of prison; and with levels higher in intensity than the scripted screen narratives lol.

 Recently, social and mainstream media were abuzz with the solo exploits of a female prisoner. She used her cellular phone to create an explicit video of herself, which I am told would rival a hardcore pornographic production. The authorities were naturally furious but ultimately were unable to mete out the relevant punishment when it emerged that the video was ordered by her female warden lover. The young lady was however assaulted by fellow inmates- they were asked to do so by another inmate who believed she was in an exclusive relationship with the said warden.

Although I have known it for some time, I still find it baffling as to why male wardens are not allowed to work in female prisons. It may seem logical that they are simply protecting female prisoners from exploitation by the male authorities but this is not the case. On the contrary, it is male wardens who have been the victims of sexual abuse in female prisons and they simply cannot cope in female prisons.

Whilst scandals are the norm at the female prison across the road, the male prisons do not lag far behind. About a month ago, the deputy head of the prison led her searching unit on a rare night raid. As always, a few mobile phones were among the confiscated contraband. One phone was of particular interest to the internal security officer who inspected the contraband as he logged it. On the young man’s phone, he found numerous seductive and nude selfies of none other but the, then, deputy head herself! It then came to light that she had been involve in a virtual relationship with the young man for some time, virtual only as their plans for a more physical encounter were yet to materialize.

The now ex-deputy head is not the first and will certainly not be the last to be embroiled in scandalous activity. She should, perhaps, have learnt from some of her fellow colleagues one of whom was caught on two different occasions, at two different prisons, in the throes of passion with prisoners. This particular woman seems to be in candy land at work, for she has now gone even further than her own interests by selecting one of the hundreds of young men on offer to be her daughters boyfriend.

Aside from the inevitable prisoner/warder or prisoner/prisoner affairs, it is almost impossible for a prisoner to have a physical relationship with anyone else. Almost, being the operative word as nobody is as adapt at finding loopholes as a prisoner.

Legal visits were one such loophole that was exploited for some time, and would have carried on if it were not for the exuberance of one young man. Legal visits are not restricted like regular visits, they are allowed on any day of the week and do not have a set time limit. They used to also take place in a private windowless room to ensure lawyer/client confidentiality. A prisoner whose wife is a lawyer made the most of this privacy during a legal visit from her. A few subsequent successful trysts brought his entrepreneurial skills to the fore. He arranged fake credentials for a prostitute, which fooled the authorities who allowed her into the prison as a lawyer. Naturally, she became a very very popular lawyer. She had many successful satisfied clients before one guy could not contain his satisfaction and his shrieks of pleasure were mistaken as cries for help thereby alerting the guards.

What transpires behind these high walls is crazy indeed, and no one would be forgiven for thinking that prison must be a monotonous, boring ordeal lol. What surprises me is not the frequency of these events but rather the frequency with which I am asked about these types of happenings. Whether within or beyond these walls, it seems there is always an appetite for scandal!

Letter from a prisoner - ring ring

                                                                      pinterest.com

Weekends are the only time we are allowed to use the public phone or receive visits. These privileges change the atmosphere in the prison totally.As soon as the prison is opened, inmates rush to the phone to book their place in the queue. Inmates are given 10 minutes per turn. One has the option of returning to the queue as many times, as time will allow. The calls are not monitored in any way. Sometimes one is able to make 2 calls per day.There is a constant buzz around the phone. Inmates in the queue jostle for position whilst others animatedly relay their phone conversations to friends. Opportunists will try persuading those close to their turn to give them a few minutes of their allotted time.
The queue is always the site of heated arguments because of guys trying to sneak their way ahead of others. Time keeping is also an issue. The onus is on the person first in the queue to keep track of the time of the person in the phone booth. The person calling also keeps track of his time. Often, the timing does not tally resulting in heated argument and occasionally resulting in blows.Foremost on the agenda of anyone wanting to call is not how their dear ones are doing; but rather when they will be visiting and what they need. After using the phone, the look on the face of the inmate tells the story of his phone call. A worried or dejected face means only one thing, nobody is coming to visit. For smokers this means; at least another week before their supply is replenished, and a long week ahead incurring much debt by taking cigarettes on credit, from inmates who sell at a high price or high interest rate.I have yet to see anyone emotional after a phone call for any reason other than hearing the news that they won’t be getting visitors.

For a small portion of the populous, phone calls are a time to find out about the happenings in their loved ones lives. Not knowing what is going on in loved ones lives is a terrible feeling. A weekly update in ten minutes revives the spirit to fight through until the next weekends call.
There are times when one has to deliberate, often for days, about who the precious call will be made to. 10 minutes is never enough for one proper conversation so trying to call more than one person is rare.
There are times when the phones are out of order; sometimes all the phones in the prison are affected, resulting in misery for all. There are 2 phones in my section, at the moment 1 is not working at all. In essence this means 94 inmates have to use 1 phone, one is lucky to get in 1 phone call at the moment.
This is not all that bad compared to the ultra-maximum prison I was at. There, one was only allowed 1 call every fortnight. There were however ways to beat the system and call every weekend, naturally this came at a price.
During the week, the public phones are locked. The only way of being able to make calls is by submitting a request to call an educational institute or one's lawyer. These calls are monitored by the officials. Every week, one has to be opportunistic and creative in trying to get in a call to loved ones. For a while, once the official got my lawyer on the line and then excuses himself; I had the lawyer connect me to whomsoever I wanted to call.
Inmates also try to persuade the social workers or psychologists to allow them to call. This desperate route is a lengthy process but is generally a rewarding one. Not only is one able to call, one is able to call using the prisons' phone and not restricted to ten minutes.

The desire to be in touch with loved ones also leads many to illegally obtaining cell-phones. Cell-phones are brought in by officials for
around R400.00 or smuggled in at visits. Most officials are corrupt and always keen to make some extra money, so cell-phones are always in abundance. The latest phones can be found in prisons even though the consequences for being caught in possession of one are serious. Almost every week routine searches result in many phones being confiscated, only for the same inmates to get new ones quickly.
Cellular phones do not hold their value in prison. Inmates sell their phones to one another at a fraction of their street value. Generally a basic model costs between R100 and R200; whilst a camera-phone goes for between R200 and R400 depending on the model. High end models like Samsung cost around R800.
On the inside, accessories are not a big market. The only accessory that is always in demand is chargers. These cost roughly R50. As cell-phones and chargers are seen as disposable or flushable when searching happens, there is always a demand.
Airtime is also a big market. Those who do not receive visits ask their family and friends to send them airtime which they then sell to fellow inmates. The airtime is sold at a minimum of 30% less than the actual Rand value; nowhere will anyone be able to get airtime as cheap. The rewards a phone brings far outweighs the risks, so cell-phones will always be found in prisons.

In the technological world we live in today, we are all inadvertently oblivious to the incredible power of communication. The ability to be in contact with those we love is something we take for granted. When I had all the means at my disposal, I hardly maintained contact with those who I yearn for today.
So whilst it’s nice to update your status, upload selfies or post random thoughts for the world to see; take the time and means you have to just lift the phone and personally share your feelings the old fashioned
way. Better still is to spend quality time with those dear to you before all you have is memories.

Do not judge others lest you wish to be judged

                                                             www.heartlight.org

As I reminisce on the years gone by, I recall how many of our grand parents were not that learned about Islam and religion. Many of our forefathers could not read Quraan with proper pronunciation. They never wore thobe but rather they dressed in style wearing beautiful suits and hats like their colonial masters. On joyous occasions they all went to the studio to capture their class and elegance that we all marvel at up until today. They may not have been clued up about religious do's and don'ts but they were kind people, people who spoke words of wisdom. They were caring and compassionate; they were stalwarts within their communities. They had little but they gave a lot. As time went by people started acquiring more knowledge about religion. I am of the opinion that when you become a person of God, you should be more humble more kinder and softer towards your fellow human being. Nowadays we are seeing the complete opposite. The more religious people are becoming, the more judgemental they becoming towards others. They walk around with an attitude of superiority and look down upon others. Instead of uniting people the enlightened ones with knowledge are causing division. To me, this is not Islam. Just because a person wears a religious dress code does not mean that the individual is religious. Being religious encompasses not only praying and preaching but it also entails being good and kind to you fellow human beings irrespective of race, gender or creed. In fact you need to be kind towards all of Gods creation including animals.During my travels I've witnessed so many strange and wonderful situations. I noticed a group of Muslims praying in a church in Spain. I seen women praying in their swimming costumes in Turkey. I seen a congregation of men and women praying in tattered clothing with no headscarves in Malawi as they were too poor to afford clothing. Does this mean that God will not accept their prayers? I never once judged any of these individuals as I am a human being myself. I am not sinless. I have faults and weaknesses. Their hearts are probably more pure and cleaner than my heart. God Almighty sees the inner most corner of our hearts. He knows our intentions. Don't ever assume that just because you dress religiously you are superior to another human being or you have the right to condemn other people or label others as non believers.Allah sees your heart not your clothes. Be kind to every soul that you meet. Spread love and happiness. Not hate and animosity. All five fingers are not the same. Hence you will meet all kinds of people from all walks of life. Your job is to create unity not division. We south african muslims have this strange complex whereby we think that we are the best muslims in the world. The remaining 999 million muslims in the world are stupid, ignorant and don't know anything about Islam. Wake up and smell the coffee..we are a tiny, insignificant percentage of the global Muslim population and that's a fact. Take stock of your own faults. Mind your own business. Become a better version of yourself with each passing day. Juma mubarak to all my friends and family across the globe. Kindly remember my family and I in your prayers.