Page 42 - Msingi Afrika Magazine Issue 7
P. 42
FEATURES
crime as well as justice to the
perpetrated, but without com-
promising the rights of those
presumed to have committed
the alleged offenses. The pre-
sumption of innocence until ad-
judged guilty must not be lost to
us during the trial process. The
few who understand the mind of
what it was alleged they had God concerning the gate con-
undivided attention being ac-
done, or in the alternative make nected to this area must arise.
corded to accused persons with
a settlement as demanded. legal representation, especially
those that are perceived to be One of the areas that l have
The power of the police to take influential in society, whereas over the years observed that
a confession from an accused, needs a lot of input from those
those without legal represen-
which in most cases was ob- with understanding, especially
tation are deemed to be time
tained by way of use of force, wasters by some courts and are in the Afrikan context, is in the
was removed. The constitution quickly shoved around back to area of rehabilitation of those
formed the bedrock for a num- the holding cells in court and at already incarcerated. We must
ber of changes in the Criminal push for a mental shift and
times not listened to. The result
Procedure Act outlawing such look at the capabilities of these
is that we end up having people
confessions. Pretrial directions convicted of crimes that they persons to change society in a
were later introduced to ensure never committed. This state of positive way. Forgiveness and
that accused persons and their affairs is bad for any society. love for a repentant offender is a
counsel were supplied with all critical need that they are often
The ripple effect is bad, as indi-
the statements made by wit- deprived of. Therefore, for us to
viduals who were not criminals
nesses as well as all the evi- are sentenced to serve terms in trigger transformation we must
dence to be relied upon by the prison - some even for life - be- be the bridge that connects the
prosecution. This ensured that cause of a failure in the system. offender and those offended, as
the trial was conducted on a well as the society at large, in
These individuals, in most cas-
level ground, where no side had order for both to bear the fruits
es have families, some children
undue advantage over the other. and other relations. Their de- of forgiveness and love. We can
Police prosecutors were even- pendents are affected and some only do this by getting involved
tually phased out and lawyers live with bitterness against the in the prison ministry, not as it
were recruited by the Office of is traditionally done, but to be
state and the judicial organ of
the Public Prosecution to handle agents of change and do it in
the state. Someone once said,
the prosecution of criminal cas- "There is no greater tyranny full consideration that the great-
es. These changes, amongst than that which is perpetrated est gift is love. 1 Corinthians 13
others, helped create a better under the shield of the law and declares that prophecies will fail,
place for criminal law practice. faith and hope are important, but
in the name of justice."
They have also helped in safe- the greatest is love.
guarding the rights of the ac- Whereas, we must acknowl-
cused persons. edge that a lot has been done One of the things that l have
to improve the delivery of justice come to realize is that there is
The above notwithstanding, greatness in men and women
and to safeguard the rights of
there is still a lot that needs to behind the prison walls. The
accused persons in the criminal
be done especially in the area justice system, we must deter- question is, who is willing to be
of safeguarding individual rights mine to push for more reforms used of God to bring out this
and liberties, and ensuring that and the right policy formulation greatness? What l realized is
fair trial is accorded to accused that we don't have to start big,
to ensure that due process is
persons, more so those without as many would suppose. All that
carried out in an environment
legal representation. Time and and within a framework that pro- is needed is touching one life at
again l have witnessed some motes justice to all victims of a time. I have experienced such
42 | heal . restore . rebirth . Afrika HAPPY ONE YEAR ANNIVERSARY