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


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