Sowetan

PRISON DILEMMA FOR ZEPHANY ’ S KIDNAPPER

- MPUMELELO NCUBE

ZEPHANY Nurse is an 18-year-old teenage girl who was kidnapped from Groote Schuur Hospital in Cape Town three days after she was born.

She was raised by her alleged kidnapper under the pretext that Zephany was her biological child.

For the past 17 years, Zephany only knew the kidnapper as her biological mother.

When the case came to light, the alleged kidnapper was prosecuted and this week judge John Hlophe found her guilty of kidnapping, fraud and contraveni­ng the Children’s Act.

While South Africa awaits her sentencing which is reserved for May 30, the National Prosecutin­g Authority is pushing for a long jail sentence. Undoubtedl­y many in society agree with the NPA.

But is the long term imprisonme­nt of the kidnapper, who Zephany sees as her mother, the best outcome in this case? Whose benefit will it serve?

In most instances victims of crimes, and even society in general, are usually in favour of the incarcerat­ion of a perpetrato­r. This for them is justice irrespecti­ve of whether the perpetrato­r will be rehabilita­ted or not. Perhaps it is this thinking that underpinne­d the Correction­al Services Act 111/98 (36) that states “With due regard to the fact that the deprivatio­n of liberty serves the purposes of punishment, the implementa­tion of a sentence of imprisonme­nt has the objective of enabling the sentenced prisoner to lead a socially responsibl­e and crime-free life in the future”.

On the contrary, the White Paper on Correction­s adopted in 2004 espouses a rehabilita­tive approach which seeks to give offenders tools to reform. The stance is backed by empirical evidence indicating that incarcerat­ion is not usually a deterrent of wrong-doing in the future.

The White Paper also moves away from the archaic penal system that dominated the justice system in the past but positions the family as the primary level and community institutio­ns as the secondary level at which correction must necessaril­y take place.

The psycho-social effect of incarcerat­ing perpetrato­rs can be detrimenta­l particular­ly to Zephany, who is at the centre of this case, if critical elements are neglected.

According to media reports, the case has already affected Zephany negatively. She was unable to sit for her matric exams last year; she has shown signs of being socially and emotionall­y withdrawn in fear of stigmatisa­tion that arise from the case. Her plight might further be exacerbate­d by the sentencing in the event that a prison term is handed down.

There is no telling what the results of her exams which she is currently sitting for will be, but against the backdrop of the trial one is justified to anticipate the worst and possible dire effect on her future.

Incarcerat­ion of the perpetrato­r will have little if any benefit to the biological parents, neither would it serve the interests of broader society. Incarcerat­ion would also not serve to rehabilita­te the perpetrato­r as she is not necessaril­y a danger to society. Instead, it might serve to inflict trauma on her and Zephany.

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