Proposed changes in the law relating to death sentences would give judges more discretion in deciding whether or not to sentence people to death. With a moratorium on executions still in force, the changes were put to parliament during April, not long after three political prisoners on Death Row had their death sentences commuted to terms of imprisonment.
The Criminal Law Amendment Bill (1990) contained provisions for several changes. Until now the death sentence has been mandatory when someone is convicted of murder without narrowly defined extenuating circumstances. The changes would mean that a judge could decide not to pass sentence of death even where no extenuating circumstances are found. This would affect people over 18 at the time of the offence, as the Bill also proposed abolishing the death penalty for younger people. It also contained provisions for an automatic right of appeal against a death sentence, and the right to a legally-assisted petition for clemency to the State President.
People already on Death Row would, once the Bill was adopted, have their cases reviewed by a panel of experts, mainly judges. It would consider whether or not the sentences should still stand in the light of the changes in the law. New evidence can be submitted to the panel by the prisoner. After the panel has reviewed a case, it will go either to the State President or to the Appeal Court, depending on the nature of the panel's recommendations, for a final decision on sentence.
On 20 April it was announced that three political prisoners had had their death sentences commuted to terms of political imprisonment. All three men were from Tembisa. They were among a total of 10 prisoners who had their death sentences commuted by the State President at the end of April.
Joseph CHIDI was sentenced to death in September 1987 after being convicted of murder for his alleged part in the death of a Tembisa councillor in May 1986. His conviction was upheld even after his trial was re-opened in 1989. He maintained throughout both trials that he was innocent. His sentence was commuted to 20 years imprisonment.
Rodney MOLOI and Stanford LEBEPE also had their death sentences commuted to 20 years in prison. They were convicted in March 1988, on the basis of common purpose, of murder in a trial arising out of the killing of a railway policeman.
Moloi maintained that he was not at the scene of the killing. The judge in their trial recognised that there were extenuating circumstances in Lebepe's case, as he believed the policeman had killed his brother, but nevertheless sentenced Lebepe to death.
In another case, an appeal by three political prisoners on Death Row was due to be heard by the Appeal Court on 2 May. Sipho GONYA, Ringo FARLAND and Phutumile DLABATHI were sentenced to death in July 1988 after being convicted of killing an alleged police informer in Duncan Village in October 1985. Ringo Farland was not in court when sentenced as he had absconded, but was later re-arrested. A fourth person sentenced in the same trial to 18 years imprisonment, Fukame NKATA, appealed against her conviction and sentence along with the other three.
