29 May 2016

A 37-year-old man charged with a single count of threat to kill has been sentenced to two years imprisonment wholly suspended for three years provided he does not commit a similar offence.

Allen Bekker threatened to kill Ms Kootshepile Motsenageng, popularly known as Berry Heart, following a brawl between the two last year in Kasane.

The accused had been remanded in custody for the past 14 days while awaiting sentencing, which took place  in Kasane on Thursday.

When reading out the sentence, Magistrate Molema Molema said the offence was motivated by racial hatred and tsuch had no place in Botswana.

“It will be a sad day for democracy if such statements are tolerated, therefore copy-cats and would-be offenders, whether black or white, should be warned that the long arm of the law will catch up with them irrespective of colour,” Magistrate Molema said.

He noted with concern that the accused had uttered disturbing statements such as ‘The whites have arrived in Botswana; the whites have come to take over’.

Mr Molema noted that at the time of the incident, Bekker had not been provoked but instead he had been the one provoking the complainant by pouring alcohol on her.

He said Bekker was a first offender with no previous convictions and therefore should be spared jail in appropriate circumstances but noted that that could be overlooked depending on the circumstances of the case.

“Court is of the opinion that any further custodial sentence against the accused will not be appropriate and that the accused is capable of rehabilitation and deserves a second chance to change his behaviour,” he said.

He took into cognisance the fact that the accused had already spent 14 days in detention and had hopefully used that to reflect on what he had done.

Magistrate Molema also said he considered the extent to which the community at large had been affected by the accused’s deeds; he had also balanced the interests of the society with those of the accused; and considered whether or not he was a danger to the community.

He also noted that Bekker was a father to two minor children with a wife who depended on him. Ends