ActionSA wants rapists and murderers to do hard labour, attorney says idea is ‘shallow’

ActionSA is proposing a mandatory punishment of hard labour for convicted rapists and murderers. 

Outlining a list of draft policy proposals to deal with the economy, health, and crime, the party said the criminal justice system lacks consequences. 

ActionSA national chairperson Michael Beaumont said the proposal will look at measures to deter criminals from recommitting the same crimes. 

“Hard labour is a requirement of those who have hurt South Africans that they may be involved in the process of rebuilding the society they deeply harmed,” said Beaumont. 

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Beaumont said the rights of offenders are often viewed as more important than those of ordinary citizens and victims. 

“The minute you talk about crime, we talk about the rights of the perpetrators but what about the rights of the people who have been harmed? What about the society who have been harmed by the actions of these violent criminals who over and over again have proven they come out of jail to rape and murder again?” he asked. 

Ordinary people perform hard labour daily

Beaumont questioned why hard labour by criminals was viewed as a human rights violation when ordinary citizens perform hard labour daily. 

“People who have been involved in breaking the fabric of our society through their violent crimes must pay back and one of the ways they pay back is through hard labour. That labour must be involved in infrastructure programmes and various other projects to improve society, and do so in such a manner affordable for our government,” he said. 

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ActionSA chief strategist André Coetzee claimed the country has a culture of lack of consequences. 

“If we have a criminal justice system where consequences are no consequences, or where a fine for a corrupt act is far less than what the proceeds of what that act would generate, we are effectively saying the cost of crime is the cost of doing business. 

“We need to make sure heinous crimes are met with consequences equivalent to those crimes,” said Coetzee. 

“South Africans are fed up with crime. When criminals face the consequences, they should make right to society, which includes performing a function, such as labour, that makes good on the crimes committed.”

Shallow proposal

Speaking to The Citizen, high court attorney Richard Chemaly said the proposal is shallow. 

“Naturally, it’s tempting to think more aggressive punishment is key to fixing crime. It seems the amount of consideration that went into the proposal is shallow,” said Chemaly.

He said South Africa’s justice system was based on reform rather than retribution, adding the policy would face considerable legal hurdles. 

“Even if one could overcome the philosophical issues, there’s still the matter of effect. Are people less likely to commit serious crimes if the punishment is hard labour rather than prison? I’m not convinced,” said Chemaly.

“If there’s going to be reform, it should reflect the process leading up to conviction and how we catch criminals. After all, what’s the point debating punishment when reporting, charging, and convicting remain the big obstacles?”