Introduce a Justice Based Capital Punishment
Why: Highly murderous country where 57 people murdered daily. Perpetrators do not value human life hence people are killed for even a cell phone. The wealthy are protected by high security estates and private security companies (there are more than 9k such companies and their workforce is more than SAPS and SANDF combined), the poor need strong legislation to protect them from all this violence
Who: Capital punishment will be considered for crimes committed after the law is in place. It will be considered for hate crimes (killing people because of their sexuality, gender, albinism etc.) and inhumane murdering people e.g. what we witnessed where a family of 7 including young children was killed and buried in the house.
Process: a high court can hand a judgement on capital punishment, but it will go on automatic review which will be heard by a full bench. The accused will be represented by a Senior Counsel.
Faith Based View Point
Genesis 9:6 if anyone takes a human life, that person’s life will also be taken by human hands. For God made human beings in his own image.
Romans 13:1-4, “Let every person be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God. 2 Therefore he who resists authority has opposed the ordinance of God; and they who have opposed will receive condemnation upon themselves. 3 For rulers is not a cause of fear for good behaviour, but for evil. Do you want to have no fear of authority? Do what is good, and you will have praise from the same; 4 for it is a minister of God to you for good. But if you do what is evil, be afraid; for it does not bear the sword for nothing; for it is a minister of God, an avenger who brings wrath upon the one who practices evil.”
(b) Islamic View
Session 180 Chapter 2 verse 179: “ And there is Life for you in Fair retribution, people of understanding, so that you guard yourself against what is wrong”
There can be no right without duties. We can’t overemphasise the right of the killers when he/she is not exercising his duty to create peace. We implement fair retribution to protect the lives of innocent victims.
Both in the Quran and in the Bible, the authorities/Government are allowed by God to exercise His power.
The purpose is to kill the murderous minds in criminals.
Labour Convict System
Why: In the olden days, if a person killed a breadwinner he was sentenced by the traditional council/court to provide for the family of the bread winner. This type of sentencing was also applied for many criminal cases as it was an African way of solving problems. This system ensured a wrong doer pays society for his wrong doing. This system was restorative as the wrong doer was allowed an opportunity to pay for this wrong doings by doing something for the benefit of the society he/she has wronged.
Who: All perpetrators will be part of a program which will be for the perpetrators to contribute to society. The work done will vary with the severity of the sentence handed.
What will be the work: Perpetrators will work for the state for free and ease the burden on the state on issues like cleaning, farming etc. immediate focus is farming to ensure there is food security and proceeds from farming used to supplement grants, and food produce is delivered to the most poor. NO ONE MUST GO TO BED ON AN EMPTY STOMACH.
It’s time for Africa in general and South Africa in particular to be self-reliant.
The problem arises when you look at Africa with an entitled colonial mind-set and interpret Africans running the state as looters, purely because you feel excluded and not in charge of the resources.
South Africa must take control of its resources and not only beneficiate them but also stop being price takers on commodities that we are uniquely endowed with.
South Africa must urgently secure its base so that we can deal with the world from a position of strength, equality and respect.
Countries like Korea and Japan do not have raw materials but have cars made from material from our continent. Japan prices its cars; they don’t depend on what Africa is willing to pay.
Why can’t we do the same with our minerals?
More than 50% of the Market Capitalisation of Companies listed in the Johannesburg Securities Exchange (JSE) is foreign owned. This means these companies have access to kinds of tax avoidance loopholes like transfer pricing to ship money out of South Africa.
The PPPFA makes a provision for International suppliers to be exempted from complying with the provisions of this law. Our laws are colonised. This must change.
At Micro level the Malls and foreign owned spaza’s have taken over the retail businesses in the township depriving the local an opportunity to own and trade. Foreign owned shops must be transferred to previous spaza and shop owners and foreigners must trade only in the cities and pay applicable taxes.
Competition Law must be strengthened to criminalise anti-competitive behaviour. Oligopolies must be regulated to allow for the new entrants, create exemptions from new players in the industries so they can be protected.
50% of the ownership of the Malls must be community owned via vendor finance and the proceeds must be used to improve the livelihoods of the surrounding communities.
There must be asset prescription across the board to support the developmental agenda of the country. A certain percentage must be used for developmental projects.
Emancipation of our Youth
“Decolonisation of the mind”
The education of our youth must be decolonised to break the colonial construct that posits a view that Africans are not worthy by themselves without other nations from Europe and elsewhere.
The language policy at schools must not perpetuate the stereotype that seeks to despise African languages whilst promoting European languages.
There must be investment in developing African languages to enable them to deal with technical content of the curriculum. Dominant language in a province must be used.
Tertiary curriculum must be transformed to recognise the Indigenous Knowledge Systems.
The livelihoods of youth can no longer depend on them being job seekers but an environment to boost entrepreneurship must be created.
There must be paradigm shift so that inclusion of youth at highest decision-making structures must be seen as enabling innovation rather than perceived as a risk.
Return of the Land
The debate on land must not be limited to Agricultural Land only. Land must be understood to include Agricultural land; Residential Land; Industrial Land; Commercial Land and Marine Economy.
ATM supports Expropriation of land Without Compensation for public good purposes, e.g. restitution and redistribution purposes and building of infrastructure like roads, rail etc.
There must be an equitable distribution of land between those who were disadvantaged by unfair legislation and those who were advantaged by it.
Farm workers must be co-owners of the farms where they work and live.
Mine workers must be co-owners of the mines where they work and risk their lives daily.
Residents must have title deeds for their properties; however government must devise a mechanism to protect the residents from desperately trading off this treasure for quick cash.
Traditional Leaders in rural areas must maintain custody of the land on behalf of the people, but the land under the traditional must be tradable in the market place to preserve the gains of restitution and redistribution.
Marine economy must ALWAYS belong to the state. No individual must own an ocean of the animal life in it. Only the state must do so on behalf of all the people of South Africa. We need to see oil and gas as the new gold. Must invest in petroleum geology for youth at a university level so we do not depend on foreign countries/companies for exploration.
ATM welcomes the decision to amend s25 of the Constitution to affect Expropriation without Compensation. The ATM is particularly concerned that s 25(7) continues to curtail the restitution and redistribution only up 19 June 1913 whereas colonization started in 1652. ATM calls for scrapping of the 19 June 1913 and replacement with 1652 when the invasion started.