29 Dec 2014

As the countdown of the year nears its tail end, BOPA  reflects back and evokes topical courts and crime issues which took centre stage during the turbulent and capricious 2014.

Naturally some things can never cease to happen or occur whether for good or bad intention. Some contend that this is simply God’s edifice. For instance, one may argue that should thieves cease to ply their trade, this will inevitably affect careers of a wide range of employees in security, justice and defence organs and therefore they should be tolerated but reservedly accommodated in the fabric of the society.

Fair as it may be, 2014 like its predecessors also had its share of events, some of which will forever remain embedded in our memories for eternity and set legal court precedents. The year was therefore as a matter of fact riddled with many court cases which included murder, rape, robberies and a share of civil cases, chief among them involved the state and political parties.

In the most recent constitutional case in which the Attorney General (AG), who later partnered with Botswana Democratic Party (BDP), challenged the constitutionality of some Parliament Standing Orders it was a litmus test to state principal counsel and the independency of Parliament.

Founding affidavit filed by Attorney General Dr Athaliah Molokomme, were seeking order by the High Court to make an order declaring Standing Orders 4.3, 4.5, 4.6, 4.7, 4.11, 4.14 and 6.1 of the Standing Orders of the National Assembly to be unconstitutional and ultra vires Section 89 (5) as read with sections 39, 59, 60 and 74 of the Constitution.

However AGs lost the case with costs at the High Court and Court of Appeal as both courts held that there was no infringement on the Constitution particularly that they were promulgated in accordance Section 76 of the Constitution.

With regard to accidents, the country experienced a number of both road traffic accidents and plane crashes and one of them involved a Botswana Police Air arm helicopter which killed all three crew members in April in the Okavango Delta region. The officers, who were based in Gaborone, were on routine patrol when they met their untimely demise.

Regarding accidents, there have been a lot of them and these include five people who died after their sedan hit a horse a trailer at Molapo Crossing traffic lights in Gaborone in September. The deceased who included three men and two women died on the spot. Just recently on December 5, seven people died near Dibete when their minibus overturned while en-route to a family wedding.

Botswana Police Commissioner Mr Keabetswe Makgophe has therefore called on motorists to be vigilant and avoid being too excited and also refrain from taking alcoholic beverages while on transit to avoid unnecessary accidents. Last year police registered 411 deaths from traffic accidents while up to now at least close to 380 deaths have been registered from such accidents.

The year also had a good share of armed robberies which were mainly targeting big retail stores and filling stations. However the police reacted swiftly and made 85 per cent arrests in all of the reported cases. The police chief has therefore vowed to crack down on this syndicate and asked fellow countrymen to assist in this regard.

Some robberies on the other hand were coupled with rape as 30-year Tshiamo Kgalalelo and 25-year-old Mika Mpe of Werda robbed and murdered Mmamosotho Disere at Kalakanche Farm near Kang on October 10. Their case is before Hukuntsi Magistrate Court. The two were on bail for robbing, raping and murdering their employer Ms Reinette Vorster on January 31, near Ghanzi Township.

Their case, which was previously handled by dismissed former Ghanzi Principal Magistrate Mr Thabo Malambane, sparked an outcry from the community as some felt they were given bail too soon.

On the other hand, proliferation of drugs in the country continued to be experienced though police have intensified their war against drugs which enter through both gazetted and ungazetted points of entry.

The Gaborone Village Magistrate Court has handled more than four cases of ephedrine this year while one accused Nazeem Dawood has since skipped bail when he failed to come back from South Africa after he asked permission to check on his family. Thato Letsie of South Africa was fined P6 500 while Tamara Luis Azevedo also from RSA was fined P5 000 for the same offence. At the moment young Dewald Steyn De Beer also from South Africa was recently fined P10 000 and one year imprisonment; he has appealed the court’s decision.

The country meanwhile lost former Chief Justice Julian Mukwesu Nganunu who died on August 9, at his cattle post near Takatokwane. He was buried at Phomolong Cemetery in Phakalane Estate. Yet another who died this year is media personality Laona Segaetsho.

Meanwhile the country hosted Wildlife Enforcement Network for Southern Africa (WENSA) workshop which brought together several southern African states and Asians countries in pursuit to forge way in the fight against wildlife trafficking and killing of endangered species such as the African elephant and rhino.

The American government has committed to continue to assisting financially and this was confirmed by the US Embassy Charge D’Affairs in Botswana Mr Michael Murphy.

Botswana meanwhile, is not spared from cybercrime incidents and the Village Magistrate Court successfully convicted and sentenced two accused to jail. They are Joseph John Ballout and Kgosana Seth Tladi who have since appealed their conviction.

Sadly Mmopane, which has over the years experienced a sequence of murder cases closed the year with yet another murder case after a woman allegedly killed her lover with a sharp instrument on Saturday 13. The accused has appeared before Village Magistrate Court and will appear again on December 29, while Thabo Masilo judgement in the rape and robbery case has been postponed to January 17. ENDS