The state has sought to counter outrage that met a recent court ruling on a Limpopo farmer who shot dead an 11-year-old boy he mistook for a dog.
”It cannot be argued that the conviction of culpable homicide is incorrect, having read the statement of the witnesses,” the National Prosecuting Authority (NPA) said in Pretoria on Tuesday.
”The state is then satisfied with the conviction of culpable homicide.”
The NPA also said there were reasons for the sentence, under which the farmer does not have to go to prison.
The Thabazimbi Magistrate’s Court convicted Marchel Nel (39) last month of the culpable homicide of Sello Pete.
Nel was given a fine of R20 000 (or five years in prison), half of which was suspended for five years. He paid the fine.
NPA deputy director Mokotedi Mpshe said: ”It has been noted that the sentence has been regarded as lenient by the community, but there are other factors that the court took into consideration.”
The South African Human Rights Commission expressed outrage at the fine last month.
At some levels, courts were still not in touch with the value system of the Constitution, commission chairperson Jody Kollapen said.
”The right to life is a paramount right in the Constitution and when that right is taken, you expect the courts to deal effectively in the sentencing process with that.”
The Association for Rural Advancement (Afra) called on President Thabo Mbeki to intervene.
”This thing is going to perpetuate violence against farmers and people who live in the farms,” said Afra spokesperson Sifiso Kunene.
The court heard that Nel, who farms on a smallholding in the Spitskop area, immediately gave the child mouth-to-mouth resuscitation after the shooting and took him to hospital.
On Tuesday, Mpshe said the fact that Nel took Pete to hospital after realising what he had done, and that the two knew each other well, were taken into consideration when the sentence was meted out.
Witnesses also confirmed that Nel was looking for a wild dog when he shot the boy and that the colours of the boy’s clothes matched the description of the dog.
Director of public prosecutions Sibongile Mzinyathi said the public’s outrage at the outcome of the case was race-related.
”The race thing is real, it’s going to be with us for a long time,” he said. — Sapa