We need to give them a chance to thrive
WE GENERALLY find Carmel Rickard to be an informed and astute analyst of matters relating to the law and especially matters coming before the courts. However, we are very concerned about her recent comments about a case brought before Judge Anton Steenkamp in the Labour Court (“Guilty, but don’t hold that against me”, The Mercury September 12).
Victor Vass appealed against the refusal of the SAPS, where he is a warrant officer, to allow him to undergo specialised training because he has a criminal record for attempted murder. The court rejected his appeal.
We operate Phoenix Zululand. Over the past 10 years, we have had knowledge of the plight of several thousand prisoners who have served or are serving sentences in Zululand.
We operate programmes for prisoners aimed at helping them get back into society and these are the grounds for our comment on the article.
Rickard derides Vass’s argument that he has been unfairly discriminated against because he has a criminal record and the judge is also dismissive of this argument. That is, discrimination on the grounds of gender, race, HIV status and so on is illegal but discrimination on the basis of a criminal record is okay.
Our concern is the view of both the judge and Rickard that having a criminal record is grounds for excluding a person for ever from participation in society’s institutions.
Hundreds of prisoners and exprisoners have brought us anguished pleas about the futility of their attempts to resurrect their lives after being criminally convicted because society is retributive in perpetuity. Thus, society’s actions against ex-prisoners goes far beyond the time they spend in prison, and this more than anything else probably teaches ex-prisoners that there are no societal mechanisms by which redemption and restitution can be given practical effect.
The fact of having a criminal record makes any attempt at reintegration almost futile.
Rickard says that “Vass has incredible cheek” to think that he might rise to a more responsible position, given that he has a criminal record. It strikes us that it reflects what we are in fact trying to get prisoners to do in “rising from the ashes” of their criminal records.
We ask prisoners to be creatively “cheeky” by asking those around them for help, particularly a job, in an environment that will be incredibly suspicious of and hostile to them. This is not to ignore and avoid the circumstances in which a criminal record was earned, but it is to confront these personal circumstances with full honesty and with the knowledge that only with the help of others can ex-prisoners find a job.
We wish Vass well in his career: Sir, do not be dispirited; we know