23 Mar 2016

Gaborone Village chief magistrate, Mr Mompati Taolo on Tuesday denied bail to two South African nationals who are facing a single count of promoting trafficking in persons because the matter is fairly new.

Magistrate Taolo, who last Friday was not present to deliver his ruling, thus pushing defence lawyer Mr Friday Leburu to request the matter to be stood down until late in the afternoon so as to further enquire with higher authorities, said investigators should be given time to conduct their investigations orderly.

Mr Taolo further said although he does not think that the two accused could temper with investigations, he had found it prudent to give the investigating team some more time especially that the accused have only been in custody a little over two weeks. 

In addition, he said the two South Africans were facing a serious offence, not only because of the penalties which were imposed, and said no short cuts should be taken. He said the prosecution should be in a position to update the court in the next mention which was billed for April 5. 

 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 Nthoba of Pimville Zone 5 in Soweto, South Africa, who is a butchery operator.  

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

Motivating bail application last week Wednesday, Nthoba’s lawyer Mr Leburu said the court should grant bail to his client more so that she has been in custody for close to two weeks. He said it was also distressing 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 were capable of making their own decisions.

Mr Leburu also noted that Nthoba never transported nor harboured anyone for the purpose of human trafficking, and as such she should be given bail particularly that she was still a suspect. In addition he said Nthoba has young children back home who look up to her to survive.

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

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

The Directorate of Public Prosecutions (DPP) was represented by Mr Farayi Mawhite when the ruling was delivered after he did not make it on time to court last time for bail argument as he was still held up at another court. Ends