Josina Machel case raises question over compensation

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Josina Machel case raises question over compensation

8:34 CAT | 01 Mar 2017

DW / Josina Machel, victim of domestic violence

In Mozambique, the speed of the process and high value of damages decided in the case of Josina Machel are raising eyebrows.

Fávio Menete Bastonário of the Bar Association explains that compensation is determined by the court based on the Civil Code.

Convicted accused Rufino Licuco was ordered to pay the victim 200 million meticals, or about three million euros, in compensation, but many compare the Machel case with thousands of others where courts have stipulated amounts considered ridiculously low, even in cases of death. No-one remembers compensation as high as this in a similar case.

Who has money can violate?

Maria Paula is the president of Fórum Mulher and says that she understands people’s disgust, and raises other questions regarding big compensation sums.

“I think the issue is fair. I would even prefer the family not to receive this amount because we have to demonstrate firmness as to what we want, and that is justice. Otherwise we are saying that whoever has money can violate because they can afford it. Then, we are not actually going to achieve our goals.”

Vera Cruz believes that the high amount of the compensation will usher in other problems.

“[The money] will distract us, it will put things out of focus. I think that money causes us all to think about the sentence, the law and the whole process surrounding the case.”

But the head of the women’s NGO says that the case raises questions such as the need to take ownership of the law and its critical analysis, as well as its results. But the lack of knowledge of the laws is widespread in the country.

Symbolbild Hammer im Gerichtssaal

Compensations: Civil Code establishes what amount should be set by the court

That is why DW Africa sought a lawyer to clarify the laws and criteria which determine the amount of damages awarded.

Flávio Menete is the chairman of the Mozambican Bar Association and explains that “with regard to non-property damage, and it is on these damages that the controversial matter is addressed, the law, which is the Civil Code, is to be served as to their gravity”.

“Of course, we are not discussing whether or not there is seriousness insofar as the person is left without an eye,” he points out. “Now, as regards the amount of compensation, the Civil Code establishes that the amount should be fixed equitably by taking into account the degree of culpability of the offender, his economic situation and the economic situation of the injured party and also the circumstances.”

Another aspect of the case that also causes unease is the speed with which the lawsuit was conducted. There are many who can thinks of thousands of criminal cases of even greater gravity hanging in limbo or even completely forgotten. Not so with elite figures such as Josina Machel, daughter of the first president of independent Mozambique.

Justitia mit Pendelwaage

Speed for the few?

But Vera Cruz disregards this almost universal opinion, saying, “I believe that possibly the efforts made by the victim herself helped in some way to make the matter faster. I do not think it was on the side of the family; maybe it was the sensitivity of jurists wanting to make this case a publicly instructive case that would prompt reflection. But I personally do not think that’s the reason”.

The chairman of the Bar Association, on the other hand, makes this point about the speed at which the case was dealt with.

“I should like to express my pleasure at the fact that the case was dealt with swiftly. Of course I would not say the same for those who are not treated with the same speed. We need to give some importance to these issues related to domestic violence, because they must be dealt with quickly. When we talk about domestic violence we are dealing with issues that affect the stability of a home.”

The trial has triggered a debate on law enforcement, and Menete acknowledges that such a high-impact case is an opportunity to bring about change.

“I think it’s something that needs to be considered. So we have to use this opportunity to discuss the subject with a clear head and see how we’re going to have to deal with these kinds of issues from now on.”

Source: Deutsche Welle