Statement on Oscar Pistorius case
Sunday, 14 September 2014
The SACP has noted the attention paid nationally and internationally to the Oscar Pistorius case. It would not be correct for us to discuss the details of the case, or the merits and demerits of the verdict.
Nevertheless the SACP wishes to make the following observations.
There is a dangerous love of firearms in South Africa, more particularly, though by no means exclusively, in the white community. This is linked to our country's violent and apartheid past, and its class structure. It is very clear that the individual ownership of firearms, ostensibly for the protection of families against thugs and intruders, rarely leads to the shooting of an intruder but frequently leads to a shooting within the family.
This may happen in the heat of an argument between partners, through a child obtaining access to a firearm, showing it to his friends or even taking it to school, and the weapon being discharged through various other forms of misunderstanding or accident.
In this context, the SACP calls for firearm legislation to be revisited with a strong view to further tightening the laws on the granting of licenses, the illegal possession, and the circumstances under which firearms may be used.
We further note, however, that a matter highlighted by the Pistorius case, is that South Africa's legal system still require fundamental transformation, and that the amount of justice one receives is directly related to the amount of money one has access to. Had a young man coming from a township, squatter camp, rural area or even poor-white area shot his girl-friend, it is extremely doubtful if he would have received the same consideration by the courts as has Oscar Pistorius. We remain convinced that there can never be equality before the law under the unequal system of capitalism.
The SACP is also concerned that the outcome of this case could seriously setback our struggle as a country to defeat the scourge of violence and abuse against women, as well as all other forms of patriarchal domination. It may set a new, and dangerous precedent, wherein male violence against a partner, especially where only the two partners were present, but one is dead, may never be proven or punished. Our serious concern here is that the dead can never speak for themselves! In handing down the judgement, the Judge indicated that there are many questions that remain unanswered, or hard to prove. Is this surprising? The dead's side of the story was never heard.
The SACP therefore calls upon the South African Law Review Commission to undertake a comprehensive assessment and review of the implications of all prosecutorial decisions and judicial outcomes on matters relating to spousal or partner murders or violence, at least over the past 20 years.
In the Pistorius case, we should not only be reflecting on the judicial decisions made, necessary as it may be, but also on whether the prosecution itself had properly formulated the charges, approach and on how it argued its case. The aim of such a review must be to determine whether there is a need for fundamental overhaul of legislation, investigation, and legal practice in relation to such cases, as well as the effectiveness of prosecutorial and judicial decisions and approaches in protecting the victims of such violence.
The SACP is, however, convinced of the necessity for mass mobilisation by all sectors of South African society, with the working class at the head, against the scourge of gender-based and violence against women. This must ultimately see the elimination of the problem. We call upon our members and structures to take a leading role in this battle.
Once more the SACP takes this opportunity to extend its hand to the Reeva Steenkamp family, and say that we are hopeful that time will help the family, and thousands of other families in a similar situation, to heal the wounds.
Statement issued by the SACP, September 14 2014
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