"Educate your children to self-control, to the habit of holding passion and prejudice and evil tendencies subject to an upright and reasoning will, and you have done much to abolish misery from their future and crimes from society." - Benjamin Franklin
Effective combating of crime
As quoted from Commission of Enquiry headed by Justice Brian O’Linn
“Most Namibians agree that the administration of justice has fallen into disrepute and that the main causes are, inter alia:
The laws, interpretation of the laws and application of the Constitution: the emphasis on rights without any emphasis on responsibilities; on the rights of the accused and convicted persons, but not the rights of the victims and law-abiding citizens; the unacceptable high rate of criminality and unacceptable low rate of literacy in the official language in the Namibian Police Force; generally the lack of a culture of professionalism, which includes pride in the profession, dedication and motivation; failure to put in place a culture of merit and non-discrimination in the place of racist criteria; the inexperience, lack of the necessary qualifications and/or training incompetence, physical fitness; insufficient equipment, vehicles and remuneration; the failure to incorporate magistrates into the judiciary in regard to appointment, control, professionalism and ethics; the inexperience and inadequate qualifications and training of some prosecutors and even some magistrates; insufficient courts and personnel to do the job; lack of proper organisation; the delaying tactics of legal practitioners for the defence; the increase in crime levels due to many different causes and problems – some of which are insoluble; lack of the necessary consistent leadership by many leading persons and institutions; outright abuse of power and corruption by too many of those in positions of power, trust and leadership; undermining of the rule of law; abuse of power and the consequent development of a culture of dishonesty, lawlessness, criminality and despondency.
… Policemen should be appointed and promoted on the basis of education, ability, experience, expertise, performance, character, integrity and motivation.”[i]
“… there is a widespread misinterpretation that freedom means license to do whatever one likes without responsibility for these actions or the consequences. This interpretation extends to the misuse, vandalism and theft of public property and private property alike.”[ii]
“Successful arrest and conviction must operate as a deterrent and the State should, within the limits of its undoubtedly constrained resources, seek to deter serious crime by adequate remuneration for the police force; by incentives to improve their training and skill; by augmenting their numbers in key areas; and by facilitating their legitimacy in the perception of the communities in which they work”[iii]
Recommendations include making a highly qualified and professional group of security officers more effective in supplementing police inadequacies regarding the preparing of the statements of complaints and witnesses in criminal cases in which they become involved in the course of their professional duties
Crime is a problem. It stretches from petty theft of cellular phones to murdering your own wife. Sometimes it seems as if our Independence has given us freedoms because the punishments have been taken away. The punishments done away with include corporal punishment in schools, the death penalty, and forced labour amongst prisoners. More importantly the shame that went with the crime is no longer there.
Bring back forced labour, the Namibian Constitution Article 9(3)(a) allows for forced labour “required in consequence of a sentence or order of a Court”. Allow the prisoner to reimburse the victim and society for the wrongs they have committed. (See the “Rights of Victims” in the annex.)
Living Downtown
For a period of two years I lived in Ausspannplatz close to the police headquarters. This area was previously the place travellers would stop and leave their wagons before entering Windhoek. (“Aus spann” means to let the cattle free to graze.) There is a small park and two traffic circles in the area. This is the downtown of the city.
As in most cities and towns around the world, the downtown has become a night life area filled with bars and casinos. Of course, where there is money and alcohol, there are also prostitutes and drugs.
When my forefathers (the Plaatjies family) came to Windhoek, they had a business in the area – opposite where the Ministry of Transport and Works is today. Not surprisingly, I found some of the people still remember my family in the area.
But it is the night life that was the most interesting. The area starts to come alive with the “night people starting around 16H00. The first “ladies” start appearing as their customers pass by before heading to their respective homes. Alcohol is being bought for the night ahead as it is cheaper from the bottle store than at the bar. The men in the area are either “boyfriends”, (who share the income with their girlfriends), drug peddlers – mostly marijuana, or petty thieves.
I have spent many an interesting evening with the people of the area and have never felt threatened by anyone. However, life and death are ever present. This can be through knife fights, being shot by the robbery victim or police, or while asleep on the railway lines.
During this period I met a young lady who was living in the area and we became more than just friends. I later moved to another part of Windhoek and she moved with me. However, this part of town and the people in the area were too part of her life. We later broke up and she returned to spending her day and nights in Ausspannplatz. Unfortunately, she became sick and as it was untreated it led to pneumonia. She passed away three days after being admitted to the hospital.
Elmarie Motswana was only 24 years old.
Her story began when she was 13 years old. Her mother and stepfather worked as labourers on a commercial farm close to Mariental. She became pregnant and had a baby boy at this age. Barely literate and with no hope, she moved to Windhoek to get another chance at schooling. Within a few months the lights of the city had bedazzled her and she went missing from her family’s house.
She created a new history for herself and over the next ten years she became Elmarie Motswana. She had played soccer at school and had gone with the school team to Brazil. Her mother was a rich lady from Katutura, but she hardly went home because her stepfather did not like her. And so it went on with each passing year and less and less of the true Elmarie stayed behind. Only after her passing, was I able to piece together some of her past.
Prostitution
I know some prostitutes personally. There is no shame in knowing that they have sex for money. After all, if one of my friends is looking for a prostitute’s services, I will gladly help him get a lady for the evening, whether it is in the casino or on the street. Yet I am never ashamed of my friend or his behaviour.
Sometimes referred to as the oldest profession in the world, it is also probably the most controversial. The moment I bring up the subject in “decent” conversation it either brings laughter (among the men) or derision (from the ladies). So, I know I am going to get a lot of difficulties for touching this subject, but this book on Namibia would not be complete without giving my opinion.
There are two types of prostitution.
- The first is for the basic need of survival. The money received is used for the food and shelter. This is a problem of poverty.
- The second, is a little bit more complicated. The money has become the central reason. The money is no longer just for the basic needs, but has become a means to fulfil other pleasures such as gambling, drinking, and drugs.
So here goes. I propose we legalise prostitution and have registered places of business with medical schemes and pensions in place for the sex worker industry.
[i] Judge Brian O’Linn - Commission of Enquiry into legislation for the more effective Combating of Crime in Namibia
[ii] Wages and Salaries Commission - 1995
[iii] Mahomed, J - judgment in the South Africa Constitutional Court dealing with the constitutionality of the death sentence