17 Mar 2016

Gaborone Village chief magistrate, Mr Mompati Taolo who has just arrived in his new duty station, will today deliver bail ruling a case in which two South African nationals are facing a single count of promoting trafficking in persons.

The accused in the matter are Hanamantsi  Lekena of Masacani Mega, Ramatlabama in South Africa, who works as a cleaner at Palms Hotel and Antoinette Relebohile Nthoba of Pimville Zone 5 in Soweto, South Africa who is a butchery operator. 

According to the charge sheet, the two accused, Lekena and Nthoba on about March 4, 2016 at Tlokweng Border acting together in concert promoted the trafficking of two females aged 20 and 23 years from Addis Ababa in Ethiopia to Gaborone in transit to South Africa by providing recruitment materials, transportation and transfer facilities.

Appearing before magistrate Taolo on Wednesday for the first time, defence lawyer for Nthoba Mr Friday Leburu said the court should grant bail to his client more so that she has been in custody for close to two weeks now.

He said it was also “embarrassing” to learn that the charge which has brought his client before court was inappropriate as it does not even show the nature of the crime committed.

He said his client has never participated in the alleged human trafficking and has never had any intention to come and traffic any person from Botswana or anywhere except that she had contact with two adult females who are capable of making their own decisions.

According to Mr Leburu, the prosecution should prove that there was some form of coercion or force over one another, noting that the prosecution also should be alive to the adopted definition on the 2000 UN Protocol on Convention on Human Trafficking, especially on women and children.

He also said the statements made by the investigating officer when the case was first arraigned show “lack of direction on the part of the state as it rightly proved that it manufactured the case against my  client whom they arrested when she was just about to cross the border into South Africa.”

Mr Leburu also said Nthoba never transported nor harboured anyone for the purpose of human trafficking and as such she should be given bail particularly that she is still a suspect.

In addition, he said Nthoba has young children back home whom they look up to her to survive.

Earlier on, Mr Leburu said “the state has shown lack of seriousness on the matter because the prosecutor, Mr Farayi Mawhite from the Directorate of Public Prosecutions (DPP) chose to go to another court (Ext 2 Court) before coming to this matter though he was present when the date was set.”

On this note, the magistrate agreed with him and allowed him to submit without the state submission though Sub Inspector Galekhutlhe Mashumba of SSKA Police Station tried to ask the court to stood down the matter. 

For his part, Lekena said once given bail, he will abide by its conditions, noting that he can never abscond because that will be a fruitless exercise particularly that Botswana and South Africa have extradition treaty.

He also said he was the head of his family as both his parents have long died and the family depend on him for their livelihood. In addition he said he needed to take his medication which has been prescribed by the doctor. Ends