01 Jun 2016

Principal Magistrate Goodwill Makofi of Village Magistrate Court has granted conditional bail to seven young men accused of unlawful possession of dagga.

The seven, five Batswana and two being citizens of Swaziland, were not asked to plea after the charge was read to them. 

According to the charge sheet, the seven were arrested on May 27 at a certain plot at Tsholofelo in Gaborone for unlawful possession of dagga.

The accused are; Sydney Mfanukhona Lushaba, Dalton Dogerville Steenkamp, both from Swaziland and Tumisang Segwagwa, Moemedi Batsile, Gape Itweleng, Maatla Tlhabaki and Reginald Setswammung. 

The Swazis were represented by Mr Lyndon Mothusi while Batswana were unrepresented.

Briefing the court earlier on, the prosecutor, Mr Baleofi Disho, had requested that Batswana be given bail while their two foreign co-accused be denied bail as he said he was afraid they may skip the border. 

He further submitted that they do not have place of abode of which the magistrate asked where they have been lodging.

However, defence lawyer, Mr Mothusi said the two had a place of abode, noting that it was only unfortunate that they were arrested at a different place where they were at the time. 

He also noted that should they be given bail, he will ensure that they produce reputable sureties and that their travelling documents are surrendered.   

In his ruling Magistrate Makofi said it would be unreasonable to deny the Swazis bail on the condition that they are foreigners. 

He said the law on bail does not discriminate noting that the prosecution did not advance convincing reasons why they should be further locked up. 

In addition Mr Makofi said since the matter was fairly new, the foreigners may be disadvantaged as investigations may take some time to complete thus forcing the court to start trial either end of this year or early next year. 

Magistrate Makofi therefore granted the locals bail on the following conditions; that their each enter into P5000 self-recognition bond, each produce a surety who will bond himself with a sum of P2000, should not engage in any criminal activity and report once to Thursdays to CID office at the serious crime squad. 

On the other hand the two Swazis were ordered to deposit a sum of P1 000 each with the treasury office and produce one surety each who will bond themselves with P5 000 each. 

The other bail conditions prescribed to the locals extends to them. 

They will come for another mention of August 8. Ends