30 Jan 2019

Members of Ntlo ya Dikgosi have expressed satisfaction about the Stock Theft Amendment Bill, which was presented to them by the Minister of Defence, Justice and Security.

Members who commented on the general overview of the amendment said the new provisions will make it difficult for cattle rustlers to repeat offences and will also deter would be cattle rustlers from theft

The Stock Theft Act (Amendment) Bill, 2018 (Bill No. 30 of 2018) clause 4 states that any person who produces, incites, hires, directs, instigates, or colludes with another person to contravene subsection (1) guilty of an offence and liable to same penalties under Section 3(1).

It further provides that a person convicted of an offence under Section 3, who is a holder of a fresh produce licence under the Trade Act, may have their licence cancelled by the court in line with Section 20 of the Trade Act.

The amendment further seeks to empower a police officer to confiscate a vehicle, offensive weapon or other equipment used in the commission of an offence of stock theft, including any item used in the conveyance of or containing any article or substance in connection with stock theft.

Furthermore, the bill seeks to ensure that on conviction, the court may, without a separate application to the court, order an accused person to pay compensation for damage suffered.

In her deliberations, Kgosi Mosadi of Balete said some good laws were crippled by other provisions of the law such as granting of bail and having an option to have accused be prosecuted at the magistrate courts instead of the customary court.

She said in view of this tough clauses found in the amendment, many rustlers would be sentenced to imprisonment for a long time and therefore called on the minister to consider improving, extending and building more prisons to accommodate the bulging number of inmates.

She further called for increasing of dikgosi’s judicial warrants since were going to hand stiffer sentences, which might require lengthy imprisonment terms, a point which Minister of Defence, Justice and Security, Mr Shaw Kgathi said would be taken into consideration.

Kgosi Kgomotso Boiditswe said though there was a provision for compensation, it should be made clear that the accused was mandated to compensate the victim without fail.

He said an accused could be subjected to extra mural labour by cutting fencing poles or de-stumping trees in the ploughing field of the victim.

Other members such Kgosi Oleyo Ledimo, Kgosi Letso Malema, Kgosi Tshipe Tshipe and Kgosi Moeti Monyamane said the bill was timely and would be an effective remedy to the prevailing situation.

They said Batswana had been waiting for such a law.

Others said corporal punishment on the bare back should also be incorporated in the amendment.

Other like Kgosi Kgari Sechele III of Bakwena said the clause on minimum sentence should be included in the bill so that a first offender would not be harshly punished, to which Minister Kgathi said the law provided for that under exceptional extenuating circumstances.

Responding to Kgosi Mosadi’s concern on construction of more prisons, the minister said his wish was not to build more prisons but instead to see a low number of people being detained.

He therefore said public education on the subject matter should be intensified. ENDS