20 Feb 2019

The Department of Tribal Administration recently held a one-week workshop in Palapye to enlighten dikgosi on issues pertaining to prosecution at customary courts, with the help of the Attorney General’s Chambers (AGC) and the Directorate Public Prosecution (DPP).

Speaking in an interview after addressing dikgosi, the President of the Customary Court of Appeal - northern region, Kgosi Christopher Masunga said one of the objectives of the workshop was to impart proper prosecution procedures to dikgosi. 

Kgosi Masunga noted that this was done to improve service delivery at customary courts.

“Dikgosi are the leaders of their communities, therefore they should portray good leadership skills and make fair judgements without fear, favour or prejudice,” he emphasised.

Dikgosi were enlightened on procedure to seek advice from AGC, customary court rules, the delivery of judgements and sentencing under the Customary Court Act and rules.

Kgosi Masunga pointed out that dikgosi should familiarise themselves with the effects of section 21, 37 and 45 of the Customary Court Act.

The Principal Public Prosecutor from DPP, Mr Onkutlule Gaselape said valid charge sheet and elements of charge sheet were used on criminal cases and they should be clear and written in clear and simple language not technical words, to communicate well.

Mr Gaselape also said the charge sheet should be clear and state everything for the defendants to understand why they are before court.

He said dikgosi have the right to inform the prosecutor to redo a charge sheet if it is not clear.

“When prosecuting, dikgosi use Customary Court Act, Criminal Court Act, Constitution, Criminal Procedure and Evidence Act together with Penal Code to take the right decisions,” he said.

He also touched on the constitutional rights of people appearing before customary courts, noting that the defendants should be given time, about seven days, to prepare themselves for cases.

Kgosi Shadrack Mphala-Mengwe of Maitengwe wanted clarity on where and how the prosecutor should withdraw the case, because sometimes decisions are made without valid reasons. Kgosi Gowinnemang Matlhare of Mopipi said it was their mandate, as dikgosi, to protect their communities and to not always prosecute, highlighting the importance of reconciliation. ends