24 Jul 2019

There are no plans to review the Penal Code to deny bail to all people accused of murder and rape.

Answering a question in Parliament on behalf of Minister of Defence, Justice and Security on Tuesday, Mr Nonofo Molefhi,  who is Minister for Presidential Affairs, Governance and Public Administration, said the Penal Code did not address issues regarding bail.

He said in granting bail, the courts exercise judicial discretion and place guidance on the constitution and Criminal procedure evidence Act (Cap.08:02).

In deliberating the circumstances under, which bail may be issued, he said the courts consider the public interest, being that those alleged to have committed offences must stand trial and be punished accordingly, as well as the accused person’s right to be presumed innocent until proven guilty.

“Section 5(1) of the constitution states that ‘no person shall be deprived of his or her personal liberty save as may be authorised by law in any of the following, that is to say upon reasonable suspicion of his or her having committed or being about to commit a criminal offence under the law in force in Botswana’, he said.

He therefore said for an accused person to be denied bail, the prosecution should have provided reasons, by way of evidence showing that granting the accused bail would, for example, interfere with witnesses or evidence, endanger the safety of victim or even the community.

He said it was only the court of law that were empowered to grant or deny an accused person bail.

Gaborone North MP, Haskins Nkaigwa had asked the minister if there were any plans to review the Penal Code to deny bail to all those accused of murder and rape up until the Courts had made a determination on whether they were guilty or not. ENDS