Cattle Theft Act to be challenged

A MAN sentenced to 20 years for stealing nine goats hopes to make history by having the law that took his freedom three years ago declared unconstitutional.

Protasius Daniel (23) has instructed the Legal Assistance Centre (LAC) to file an application in the High Court, calling for the setting aside of Section 14(1)(a) of the 1990 Stock Theft Act.An amendment to that Act, passed by parliament in 2004, obliges courts to sentence a first-time offender found guilty of stealing stock worth more than N$500 to no less than 20 years’ imprisonment without the option of a fine.Repeat offenders are guaranteed prison sentences of at least 30 years, again without the option of a fine.Daniel, at age 21, was convicted in the Ondangwa Magistrate’s Court on November 14 2007 after admitting to stealing nine goats, worth N$4 450, from a farm in the area less than a week earlier.He appealed against the conviction and sentence in 2008, and was due to have this heard two weeks ago, on July 10.However Daniel’s appeal was scrapped from the court roll after he decided to rather apply for the legislation responsible for his incarceration to be declared null and void.The documents were filed in the High Court last week.’I was 21 years of age at the time that I was convicted. I will be 41 years of age when I will be released from prison. With a criminal record, and no trade or occupation or educational qualifications, I would most certainly find it difficult, if not impossible, to obtain employment at the age of 41 years. I will thus feel the effect of the 20 years’ imprisonment well after I would be released from prison,’ Daniel stated in an affidavit.He also claims that the minimum sentence prescribed by the Stock Theft Act is disproportionate to the sentences imposed on crimes such as murder and rape.The Combating of Rape Act of 2000 for example prescribes a prison sentence of 15 years’ imprisonment for a first conviction.The LAC also provided a number of recent murder cases, in which the suspects were sentenced to between 18 and 20 years, to argue Daniel’s case.’There can be no doubt that murder is a more serious offence than stock theft. It is the taking of a life of a human being, which will never be replaced again. However, it is clear that the legislature considered the crime of taking another’s life less serious than taking another’s livestock. This unfortunately has the risk of perpetuating an impression with the public that crimes against property are more serious than crimes against persons and their dignity,’ Daniel’s affidavit states.