23 Sep 2018

Chief Justice Terence Rannowane has reiterated the Administration of Justice (AoJ) system’s commitment to combating stock theft.

He said the judiciary will continue to work in synergy with the Directorate of Public Prosecutions (DPP), Botswana Police Service (BPS) and other stakeholders to break down criminal activities.

Justice Rannowane said this when giving a key note address at a two-day Stock Theft conference in Selebi Phikwe.

Chief Justice Rannowane said in recent years, stock theft cases had become rife in the country.

He said the crime had devastated the lives of many Batswana and had left some impoverished. 

He said enough had been done to identify and hopefully destroy existing markets for stolen livestock. He said more should be done to ensure that unscrupulous butchery owners whose businesses thrived on stolen livestock are investigated and locked up.

He noted that was very important to deal with the issue in that livestock had a deep significance as a source of livelihood for a majority of Batswana, particularly those living in rural areas and also that livestock played a critical role in the economy of the country.

“The theme of the stock theft conference challenges the judiciary and its stakeholders in the criminal justice system to collaborate in a fundamental and meaningful way to ensure that stock theft cases are promptly dealt with and disposed of accordingly. As we gather here, let us engage in frank introspection and identify challenges that impede service delivery and also come up with constructive solutions,” he said.

He urged participants to make full effective use of the meeting and emerge with coherent and tangible outcomes worthy of implementation, which would make a positive impact in how stock theft courts operated in the quest to achieve a world class judiciary that would have good impact in combating the offence.

Mr Rannowane said in July 2009, the Administration of Justice established special Stock Theft Courts in four pilot centres of Francistown, Letlhakane, Mochudi and Molepolole. 

He said with the success of those courts and resources availed by government, Special Stock Theft Courts were rolled out to Jwaneng, Palapye and Selebi Phikwe.

“The rationale is to curtail the movement of stock and expedite the trial of such cases when events are still fresh in the minds of witnesses and when the animals are still available as exhibits,” he said. 

He said “the Registrar’s office is busy with the formation of a Unit responsible for analysis of statistics.” 

He said the unit would at any given time be able to show cases registered but still under investigation, and those ready for hearing. “This information will be put in the public space through our website,” he said.

He added that he had implored magistrates especially those assigned to special courts to do all that was necessary to ensure that cases were concluded expeditiously and within reasonable time.

The Chief Justice also stated that he expected other stakeholders to discharge their functions by ensuring that investigations were expedited.

Regarding issues of bail application, Justice Chris Gabanagae said that in exercising its discretionary power to grant or refuse bail, the court must judicially and judiciously , bearing mind the accused’s constitutional right to liberty in terms of section 5 of the Constitution of Botswana, and handle the bail application fairly.

He said the court would not interfere with accused’s right to liberty when no sufficient grounds had been shown. He said ‘the accused person is presumed innocent until proven guilty.’

He explained that where evidence was made available before court, the judicial officer would invariably refuse to grant the accused bail.

“After being denied bail, the accused would be informed of their right to appeal the decision of the magistrate,” he said.

The Registrar and Master of High Court, Mr Michael Motlhabi indicated that Stock Theft forum should find a way to make public aware of the new legislative framework. 

He said the move would allow the would be cattle rustlers to consider their options and weigh whether it would be worth it to waste 20 years in prison for stock theft or to do something useful with one’s life in two decades by taking advantage of various government empowerment schemes such as LIMID among others.

He also noted that the Chief Justice had directed that the Stock Theft Conference be factored among the bi-annual conferences and be added in the Administration of Justice calendar. 

He said the Chief Justice’s decision was motivated by the need to improve service delivery in this area for the benefit of Batswana. ENDS