Cape Argus

Vandals must be made to pay

- St George’s Mall, Cape Town 8001 021 488 4793 arglet@inl.co.za A full address and daytime phone number are required. The letters editor reserves the right to edit or reject. KEITH ALFRED ADOLPH BLAKE Ottery

EVERY asset a person or an organisati­on or the government owns, whether fixed or movable, costs money, and is therefore a financiall­y valuable private or public property.

When property is owned it is protected by the law from various acts like theft, arson, malicious damage or fraud.

When a criminal is found guilty beyond reasonable doubt then the State through its judicial arm executes punishment in various forms – prison sentences, suspended sentences, fines, etc. So that justice seems to have been done, these sentences must be seen by the rest of the public as deterrents in order to keep us law-abiding.

We see on an almost daily basis how some South Africans have made the destructio­n of property during protests almost into an art form.

We hear and see via the media that arrests were made and that there will be court appearance­s. One can only wonder what sentences the justice officers are going to hand out.

But is justice really being delivered to the satisfacti­on of the property owners or custodians left with enormous bills for repairing these vandalised properties?

Most have insurance, but they still have to pay for the unlawful damage to their property.

In this regard, two sections of the Criminal Procedure Act 1977 seem to apply.

Section 300 (1) notes that where a person is convicted by a court… of an offence which has caused damage to or loss of property (including money) belonging to some other person, the court… may upon the applicatio­n of the injured person or of the prosecutor acting on the instructio­n of the injured person, forthwith award the injured person compensati­on for such damage.

Currently, district magistrate’s courts can award up to R100 000 and regional courts up to R500 000. A high court may award any amount. Section 297 allows compensati­on by way of instalment­s to be paid by the convicted person.

Surely, in the best interest of justice, this law must be implemente­d when property is destroyed or damaged.

These sections must be applied, even to the youth of our society, because at some or other time they must work and so the instalment­s can be collected. Age is no excuse.

If one looks further at these sections, then one has to ask why these sections could not be amended to award compensati­on from drug dealers to fund drug rehabilita­tion; to extract compensati­on for abalone, rhino and other poaching to fund nature conservati­on exercises; and to extract compensati­on from drunken drivers to finance the hospitalis­ation of victims and damages.

So one can go on and all in the interest of prevention and keeping unlawful citizens on the narrow road.

Our elected justice and law enforcemen­t leaders and the legal fraternity in consultati­on with the public protector must seriously consider using this arm of the law to make criminals pay.

The other benefit of this section or any applicable amendments is that the victims, irrespecti­ve of their status, rich or poor, can rely on legal compensati­on, which is free.

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