South African Press Association

SOUTH AFRICA: HRC Releases Report On Death Penalty Probe

The SA Human Rights Commission on Tuesday released its report on prisoners still on death row despite the abolition of the death penalty 7 years ago.

 The axing of the practice as a form of punishment followed an order by the Constitutional Court, which found the laws under which the sentences had been handed down to be unconstitutional and therefore invalid.

 The state and all its organs were then barred from executing anyone already sentenced to death.

 The judgment resulted in the passing of legislation providing for procedures to be followed in substituting the noose with appropriate sentences.

 Following complaints of undue delays in death row prisoners' applications to have their sentences commuted, the Constitutional Court Registrar approached the SAHRC to investigate and make recommendations on the causes how the process could be speeded up.

 According to the SAHRC's findings a total of 133 cases are still outstanding, with inmates still reflected as awaiting a date with the hangman.

 In terms of the courts where the guilty had been sentenced, Gauteng province has the highest number with 47, followed by KwaZulu-Natal 33, Eastern Cape 17, Free State 16, Western Cape 11, Northern Province (6) and North West 3.

 The last executions in the country took place in 1989 before the government ordered a moratorium.

 According to the commission, official records indicated that 430 inmates had been listed as awaiting execution at the time of the Constitutional Court judgment, and a large number of them were unaware of the changed circumstances.

 "Applicants still do not have certainty regarding their new sentence, which impacts upon their ability to obtain parole and privileges," the report says.

 The HRC says its task had been to "ascertain where the blockages were and to assist the roleplayers to carry out their duties in terms of the legislation".

 One of the leading reasons for the slow pace is the "intricacy" of the procedure and the fact that it involves quite a number of roleplayers who each have to perform in order for the process to move forward, the report says.

 The Legal Aid Board had also experienced delays prior to initiating its statutory role due to internal organisational problems.

 "This is confirmed in their report where it is stated that the LAB could not reach agreement with private practitioners on their remuneration concerning the death penalty matters.

 "The problem was finally resolved when the LAB appointed their own in-house representative to deal with the matters.'

 In certain instances where cases had been heard by a relevant court, presiding judges took a long time to make their recommendations known, the commission found.

 "Even when the matters have been finalised, the Ministry of Justice at times fails to inform the relevant court, the LAB and Correctional Services of the new sentences as confirmed by the President.

 "This serious lack of communication between roleplayers has resulted in enormous prejudice to applicants."