29 Jan 2019

Members of Ntlo Ya Dikgosi have hailed the Stock Theft Amendment Bill presented to the house on January 28  saying it was long overdue.

Commenting on the bill presented by the Minister of  Defence, Justice and Security, Mr Shaw Kgathi, dikgosi said it was high time stiffer sentences were imposed on cattle rustlers who have impoverished some farmers.

Tabling the bill, Minister Kgathi had explained that its objective was to increase penalties for stock theft offences and to provide for the confiscation of instruments used in stealing stock.

Minister Kgathi, who recently lost over 40 small stock to rustlers, said the review of the 1996 Stock Theft Act was necessitated by the rampant cases of stock theft countrywide, which continued to impoverish Batswana whose livelihood was anchored on livestock farming.

Minister Kgathi said the economic value of the beef industry remained significant for Botswana and therefore the cattle and other livestock were expected to grow significantly to increase the sector’s contribution to the economy.

He observed that in recent times, such efforts were threatened by rustlers hell-bent on frustrating not only ordinary Batswana but the industry’s growth.

The amendments include that of Section 3 by separating the offence of theft from that of receiving stolen stock, increasing maximum penalty for stealing stock or produce from 10 to 12 years for first offence and 15 years for a second or subsequent offence. The bill, also seeks to delete Section 3 (5) of the act which was struck down by the Court of Appeal in a case of Mooketsi versus The State in which the court held that the section was contrary to Section 7 (1) of the Constitution.

Secttion 3 (5) provides that “any sentence imposed in respect of an offence under this section shall be consecutive to and not concurrent with any other sentence imposed on the same accused person; and no sentence imposed in respect of an offence under this section shall be suspended”.

The proposed amendment includeds insertion of a new Section 3A to Clause 4 to provide for the offence of possession of stolen stock or produce.

The penalties would be aligned to those for the stealing of stock in that any person found guilty of an offence of possession of stolen stock or produce shall be sentenced to a term of imprisonment not more than 12 years for first offence and for second or subsequent offence for a term of imprisonment not exceeding 15 years.

The National Assembly is expected to pass the bill after dikgosi have made resolutions which would inform Parliament. ENDS