Death penalty for drug lords
The Presidential Commission of Inquiry into the Review of the Constitution has recommended that the death penalty should be imposed on drug lords and drug traffickers.
The Commission is of the view that drug lords and drug traffickers deserve nothing but to hang by the neck until they die, thus recommending the amendment of the Act and proposing stricter sentence in the form of death penalty for those dealing in drugs.
Currently, any person who traffics in a narcotic drug or psychotropic substance commits an offence and shall be liable to a fine not exceeding P500,000 or to imprisonment for a term not exceeding 25 years, or to both.
As for the ‘drug lords” or people dealing with drugs, the current law stipulates that any person who, without lawful authority, supplies to, or procures for, any person an illicit substance or narcotic drug or psychotropic substance or advertises for sale any such drug or substance, or uses force, intimidation or extortion in supplying to or procuring for, any person an illicit or narcotic drug for sale, commits an offence and shall be liable to a fine not exceeding P500,000 or to imprisonment for a term not exceeding 20 years, or to both.
Following the countrywide tour where the Commission ‘consulted’ Batswana, the reports states that there were many views and among them people felt that indiscipline among young people had increased significantly leading to abuse of parents, belligerence to teachers and
abuse of drugs.
Turning to the issue of bail, especially for repeat offenders, the Commission recommends that the law be amended to deny bail for repeat offenders. “The Commission recommends that the law be amended to provide that repeat offenders, rape, defilement, robbery and stock theft accused should not be released on bail.”
The report says contrary views were expressed that granting of bail to accused persons is an international best practice that cannot be departed from. In the alternative, it was proposed that the police should be given a standard time to investigate and find evidence.
It was further proposed that the capacity of the police service to investigate should be strengthened. Further submissions were made that Section 3 of the Constitution on fundamental rights and freedom of an individual read together with Section 10 of the Constitution, protected perpetrators of heinous crimes to the detriment of the victims.
Other views were that granting bail to criminals who committed heinous crimes was a violation of the rights of victims and their families or loved ones. It was also proposed, the report reads, that bail should not be granted to repeat offenders and armed robbery accused persons as they are a threat to society.
“It was further proposed that people who have committed murder are dangerous and should not be granted bail,” the report indicated.
On the issue of the custom 48 hour detention, most Batswana believe that the standard 48 hour detention of persons without charge by the police or law enforcement was not enough time and that it should be increased to allow for completion of investigations.