21 Jun 2018

Every person charged with an offence is presumed innocent until proven guilty or has pleaded guilty, says Minister of Defence, Justice and Security, Mr Shaw Kgathi.

He also noted that in terms of the constitution all persons accused of any offences could be given bail.

Mr Kgathi also informed Parliament that the number of murder suspects on bail stood at 242 and that 69 were from Gaborone, 133 Francistown and 40 in Lobatse.

Mr Kgathi further said he was aware that Million Habana was arraigned for the suspected murder of Margaret Maruping in Nkange in January 2017.

He also said he was aware that the accused was granted bail in March 2017 by the Masunga Margistrate Court with clear bail conditions which he violated.

Mr Kgathi said he was aware that while on bail Habana was alleged to have murdered two other people in Maitengwe in May 2016, and that he was currently remanded in custody awaiting trial for the three murder offences.

Mr Kgathi further said the constitution of the country was the supreme law of the land, and that in terms of section 10 (2), every person charged with an offence was presumed innocent until proven guilty or has pleaded guilty.

Mr Kgathi also informed Parliament that section 104 of the Criminal Procedure and Evidence Act prohibited the granting of bail by a magistrate on a person committed to the High Court for triall in respect of the offence of treason or murder.

He said under the circumstances where a person has been committed to the High Court for trial, it was the High Court which determined whether or not to grant such an accused person bail, noting that the magistrate was not prohibited from granting bail to an accused person on arraignment or remand.

“This means that prior to the accused person’s committal to the High Court for trial, he or she may be granted bail by the magistrate. Under the circumstances the magistrate was acting within the confines of the law when granting bail to the accussed,” said Mr Kgathi.

Mr Kgathi said in terms of the Criminal Procedure and Evidence Act, the offence of murder was exempted from offences for which perpetrators could be granted bail.

That withstanding, Mr Kgathi said section 114 of the Criminal Procedure and Evidence Act also empowered the court to grant bail to any accused person charged with the offence, whether or not the offence was one of the offences specifically exempted under section 104 of the same act.

He further noted that courts had the discretion to grant bail to accused persons even those who were charged with murder.

The MP for Nkange, Mr Edwin Batshu had asked the minister to update Parliament on the number of murder suspects on bail.

He also asked if the minister was aware of a murder case involving an accused person who was said to have murdered a women in Nkange in January 2017. He wanted to know if the accussed was arrested, granted bail and while on bail was said to have murdered two other people in Maitengwe.

He also wanted to know why accused persons of murder were granted bail contrary to section 104 of the Criminal Procedure and Evidence Act which classified treason and murder as non-bailable. ENDS