Don’t blame justice system

IN REFERENCE to Mr John Esbach’s “Convict labour a lasting solution”, I wish to put his opinion into perspective.

Firstly, I share his sentiment on repeat offenders being released into our communities. However, I disagree with his view on blaming the justice system for the following reasons:

• A person eligible for bail has not been found guilty of the crime he/she is accused of.

• Until the above mentioned guilt has been proven beyond a reasonable doubt, all the protection, rights and freedoms enshrined in the Bill of Rights, are applicable to such accused person.

• The residents and/or victims should seek reputable legal advice in terms of curbing this scourge of repetitive criminal activities, whether gang affiliated or not, and in turn, force the magistrate’s courts to strike a balance between the freedom of a repeat offender and the prevalent interest of the affected community.

This was the case when the Constitutional Court ruled in favour of Ms Charmichele. She went head-to- head with the Minister of Safety and Security in 2001.

Charmichele convinced the court that the fact that an accused with a pending charge of rape and similar convictions had assaulted her while he was out on bail, was due to the state’s inability to prevent gender-based discrimination and to protect women’s dignity, freedom and security.

Therefore, I disagree with Mr Esbach’s view of a “weak, lacklustre justice system,” what our justice system is in dire need of is a community who is aware of how to compel the state to adhere to giving effect to our fundamental rights such as security and bodily integrity.

Secondly, I agree with Esbach’s view on how Correctional Services blames the overcrowded nature of prisons for the non-rehabilitative nature of ex-convicts.

If a system is detrimentally ineffective; the state has a duty to give effect to the ever-changing needs of society; safety and security, to rectify this.

I think it’s time that Cape Flats communities start compelling the state, whichever organ or level of government, to afford them the protection afforded to us by the Bill of Rights. RIAAN VAN WYK Blue Downs