ANCWL STATEMENT ON OSCAR PISTORIUS SENTENCING
21 OCTOBER 2014
The African National Congress Women's League together with the nation is awaiting, with grave concern, the sentencing of Oscar Pistorius in the North Gauteng High Court today. As an organisation we have already sought a legal opinion on the proceedings thus far, especially on the Interpretation of the Pistorius judgment and in particular the understanding of the concept of Dolus.
Regardless of what the outcome of the sentencing is today, the ANC Women's League remains dissatisfied with the verdict delivered by Judge Masipa finding Mr. Pistorius guilty of culpable homicide instead of murder. Our conviction on this matter arises on the basis that we believe regardless of whom Mr. Pistorius believed was behind the bathroom door on that fateful night, Mr. Pistorius shot to kill and therefore a murder did occur.
Consequently, the ANC Women's League will be making submissions to the State on our view that an appeal in this case is in the interest of the judicial system and the general public. The ANC Women's League has consistently campaigned for harsh sentences in all cases of violence against women and children.
A particular focus has been placed on cases where women die in the hands of their partners and the murder of Reeva Steenkamp at the hands of her lover, Oscar Pistorius, has once more brought this matter sharply to the fore. As an organisation we are highly concerned with the high level of femicide in our country. Statistics indicate that a woman is killed in every eight (8) hours in South Africa. This situation is abnormal and should be unacceptable to every citizen hence we would want to see this verdict being expunged as a precedent setting case in our statutes.
UPDATE:
ANCWL STATEMENT ON OSCAR PISTORIUS SENTENCING
21 October 2014
The African National Congress Women's League (ANCWL) notes the five- year sentence for culpable homicide given to paralympian Oscar Pistorius by the North Gauteng High Court. According to the Section 276 of the Criminal Procedure Act the accused serves will serve one sixth of the sentence, effectively10 months, and thereafter an offender can apply for placement under correctional supervision which is processed by Correctional Services
The ANCWL has studied the judgment and has developed a position that we planned to make public following sentencing. Our position will be considered in conjunction with the sentence, as we study the case law in question.
It is the organization's view that an appeal is in the interests of justice, as well as to send a strong message to the public that crimes against women should carry the maximum penalty.
To this end the ANCWL intends to make representations to the National Prosecuting Authority (NPA) , based on legal opinion received and our findings on the case law.
The NPA has 14 days in which to file intention to appeal.
"We understand that they (NPA) haven't made a decision on whether to appeal, and we will be guided by that, " says ANCWL spokesperson Edna Molewa.
The League wishes to reiterate that it remains dissatisfied with the culpable homicide verdict delivered by Judge Thokozile Masipa.
In support of this view we hold that regardless of who Mr. Pistorius believed to be behind the bathroom door that fateful night, he shot to kill - and therefore a murder did occur.
The ANCWL has consistently campaigned for harsh sentences in all cases of violence against women and children. It has particularly focused on cases where women are killed by their intimate partners. The killing of Reeva Steenkamp at the hands of her lover has once more brought this matter sharply into focus.
"What is at issue here isn't just the sentence, but the very law that resulted in Mr Pistorius being convicted of culpable homicide instead of murder.. we want it struck down, " says Molewa.
She added that one of the most distressing aspects of the judgment and sentence was that it set a harmful precedent.
Statistics indicate that a woman is killed in every eight hours in South Africa. This situation is abnormal and should be unacceptable to every citizen. The ANCWL calls on all South Africans to remember the victim, Reeva Steenkamp, and her family and friends who continue to mourn her.
Statement issued by Edna Molewa, Head of Communications, ANC Women's League, October 21 2014
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