By Magreth Nunuhe
WINDHOEK – No amount of legal ingenuity will resolve problems of gender-based violence (GBV), because they are deep-rooted societal problems that require multi-disciplinary solutions and social reform.
Sackey Shanghala, the Chairperson of the Law Reform and Development Commission (LRDC) expressed this view when he addressed the Second National Conference on Gender-Based Violence at a resort in Windhoek.
He said many laws have been promulgated including the Combating of Domestic Violence Act of 2003, Criminal Procedure Act of 1977 and 2004, Combating of Rape Act of 2000, Maintenance Act of 2003 and Married Persons Equality Act of 1996, but none of those laws can resolve “soul” problems.
“This shows that we are a very angry society. We need healing,” he said, noting that such problems are being shifted to the police, who themselves might need psychological help.
He said there was nothing wrong with bail but this problem lay with “ourselves”.
Shanghala is of the opinion the death penalty will not resolve the problems of GBV. He mentioned as an example Botswana where capital punishment is enforced but where murder statistics are almost comparable to Namibia.
He called on government to employ more psychologists and psychiatrists as there is only a handful of them in government.
“Poverty, unemployment, alcoholism and drug abuse drive crimes into the homes and relationships,” he emphasized.
He added that statistical analysis and evaluation are needed as no change would come despite conferences being held on the matter.
During a panel discussion Advocate Bience Gawanas, the moderator, asked whether laws matter in the increase of GBV. Prosecutor General Martha Imalwa said laws do play a vital role in curbing cases of GBV but that courts alone cannot deal with the problem.
“We all need to contribute to deal with the issue. In Namibia we have a tendency to look at courts to solve the problem,” she said.
Another panelist Judge Marlene Tommasi said the law matters in GBV cases when the community feels strongly that justice must be done.
She said that sentencing could serve as a deterrent, because when the culprit is given a harsh sentence another woman stays alive.
Also part of the panel, Nampol Deputy Commissioner, Charles Sibolile, said it was not difficult to arrest perpetrators, but it was a question of collecting enough evidence for prosecution and for successful conviction.
He said one of the challenges of GBV was withdrawal of cases and reluctance of witnesses to testify.