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NPA outlines harsh murder and rape sentencing

ALEXANDRA - The National Prosecuting Agency laid bare the law on serious crimes to residents at a workshop on human rights that coincided with human rights celebrations.

The National Prosecuting Agency (NPA) explained the law with regards to serious crimes to residents at a workshop on human rights which coincided with Human Rights Day celebrations.

The workshop was part of the ENSAfrica Law Firm’s pro bono (free) services which includes most matters of rights including labour, matrimony, inheritance, housing and family and community relationships.

Advocate Sharon Masedi reminded participants of the centrality of respect, peace, equality, freedom, dignity and the values of ubuntu in the founding of the Constitution to ensure crime was curbed and rights were bestowed to all citizens, irrespective status, age, race, gender and nationality – which includes foreign nationals.

Urging them to embrace and not violate the rights of others, she said the State established the agency, courts and police to ensure everyone was protected in the interest of advancing the motto, Justice in Society in order to ensure justice for victims of crime. This, she said, resulted in the limitation of the rights of abusers when courts sentenced them for offences subject to the presentation of incriminating evidence.

“In such circumstance and [with a] prior conviction, the alleged offender was still liable for bail on condition the release on bail would not jeopardise investigations,” she said.

She urged residents not to hinder investigations by police as the information gathered would be critical in the prosecution process. She said contrary to belief, the justice system was harsh, especially with serious and violent crime.

Murderers face the minimum of a 15-year sentence up to life imprisonment, depending on circumstances.

Rape of under 16-year-old girls or boys carries an automatic life sentence.

Rape of anyone several times, including by a gang, carries a life sentence.

Rape of anyone over 18 once starts with 10-year sentence.

Killing someone in a robbery receives an automatic life sentence.

Culpable homicide, which is accidentally killing someone with mitigating circumstances like self-defence, carries a suspended sentence up to a five-year sentence and the accused can be granted bail.

Adv Masedi also urged residents not to take the law into their own hands but to report crimes to law enforcement agencies. She said this in reference to residents assaulting motorists who had run over a negligent person crossing the road at undesignated points. She said over 800 pedestrians were killed in Thembisa last year due to such negligence, and motorists were wrongfully harmed.

Details: NPA 011 220 4245.

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