Referendum for the death penalty?
Mar. 9th, 2008 05:08 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
nairiporterhttp://allafrica.com/stories/200803070487.html
AFRICAN National Congress (ANC) president Jacob Zuma says if enough people want the death penalty returned, SA should hold a referendum on the matter.
Zuma made the comment during a wide-ranging interview with the Financial Times . While Zuma told the newspaper he supported the ANC's position against the death penalty, he said he could not stand in the way of debate on the issue.
"I am responding to the issue where people call for the death penalty, and where I'm saying, if they do so, the fact of the matter is that we don't have that penalty in the country. It was abolished by the Constitutional Court, right, for very good, cogent argument.
"But there are people who argue that while nobody has a right to take anybody's life criminals do. What do you do with them? And they say, well bring the death penalty.
"The point I was making was that if people make that call we can't stop them, we can't say, look, even if the overwhelming feeling is that we need a referendum for an example, because that's the only thing you could do. And I said yesterday if they say we want a referendum, we can't stop them," he said.
"Because we are a democratic country, we can't suppress other people's views, because we feel another way. I say, if there is sufficient majority that says so, we should have a referendum on the matter.
"Because crime is there and is a problem. And some of the people who say this, they are not saying it from a theoretical point of view, it's because they feel some have been directly affected."
Zuma's defence of a referendum on the death penalty could have unintended consequences for the ruling party.
If Zuma's argument for referendums to be used as a tool to test public opinion, the ANC might well find itself under pressure to extend this principle to other legislation such as the abortion law, an eventuality that could see a reversal of pro-choice legislation.
The ANC could also find itself having to give in to the demand of opposition parties and civil society that the future of the Scorpions be decided in like manner.
On crime in general, Zuma said SA needed laws that "bite", especially when dealing with repeat offenders.
Zuma's comments on crime and other policy matters come after his recent charm offensive, which was aimed at allaying fears within the business community about a possible Zuma presidency next year when President Thabo Mbeki steps down.
While Zuma would not be drawn on whether he supported nationalisation of certain sectors of the economy, as demanded by the ANC's ally the South African Communist Party , he said the matter should be debated openly.
"Well, I wouldn't just make a statement to say whether I would consider that, because if there are issues I think let the issues be put on the table so that we discuss what are the merits of that argument, in what form? What does it mean?
"We have a policy that is moved on specific issues. I think there might be a need to look at that, or even to critique what has happened. Let us debate it."
