11 Aug 2019

The law states that a person should not be denied his freedom until proven guilty or innocent of the crime of which he is being accused of by court.

The receiver in the Ministry of Defence, Justice and Security, Mr Bafi Nlanda told a two-day bail pitso in Francistown that there must be a balance between the two extremes of upholding personal freedoms and guarding the interest of justice, which would suffer if the accused absconded before trial or appeal.

He said denying the accused bail would come at a cost to government if it resulted in the rise in the costs of maintaining prison facilities, the cost of building more prisons, suspects who got acquitted and sued government as well as the material costs of keeping people in remand bearing in mind that the courts were clogged with cases.

“In considering whether granting bail is an appropriate option, the key factor to consider is the level of risk posed to a victim, group of victims or the public.The nature and seriousness of the offence which the defendant faces is relevant if it illustrates the risks created by granting bail,” he added.

Mr Nlanda said a strong indication that the defendant might abscond was reason to deny bail, and in circumstances where the defendant had no right to remain in the jurisdiction or has substantial assets or interests abroad.

The decision on bail in criminal proceedings represents an important stage in the prosecution cases of which the results of the decision could have far reaching consequences for victims and the public in general, he said.

The receiver further said from the view of the suspect or accused person, bail decisions could result in the deprivation or restriction of liberty for a substantial period .

These are the competing claims that prosecutors, investigators and courts face all the time in dealing with the issue of bail,” he said.

Mr Nlanda challenged all stakeholders to consider whether repeat offenders should be granted bail. “Should a person with multiple offences be granted bail, and what type of offences should not be considered for bail,” asked Mr Nlanda.

He said to avoid prejudice to suspects occasioned by lengthy investigations and slow disposal of cases, the courts were often inclined to grant bail.

“There is, therefore, a need to speed up investigations and trials as well as improving the jurisprudence,” he added.

Mr Nlanda further stated that Sustainable Development Goals (SDGs), especially goal 16, demanded that to promote peaceful and inclusive societies for sustainable development, there should be access to justice for all by building effective, accountable and inclusive institutions at all levels.

While the 2019 UN progress on goals, when assessing the global performance on goal 16, depicted that the share of sentenced detainees in the overall prison population had remained largely constant at 30 per cent in recent years.

“Relatedly and in resonance with the UN’s goal assessment, in the case of our country, remands have over the years continued to form 25 per cent of the prison population,” he added.

He noted that intrusive and violent crimes were on the rise and that it had attracted public interest. He said what worried the public most was that suspected offenders continued to roam the streets after being granted bail by the courts.

Mr Nlanda further stated that it was so because the public believed that it was done without their consideration, and as such put them at the mercy of perpetrators of crime.

However, he said it must be understood that courts were guided by the constitution, which was the supreme law of the country.

He said chapter 2 of the constitution provided for the fundamental rights and freedoms of the individual subject to respect for the rights and freedoms of others, and for the public interest to each and one of those rights was the right to personal liberty.

In her welcome remarks, the mayor of Francistown, Ms Sylvia Muzila thanked government for having started installing surveillance cameras at identified crime hotspots areas in order to reduce and deter incidents of crime around the city.

She noted that the issue of bail was topical nowadays because intrusive and violent crimes were on the rise and that perpetrators continued to roam the streets.

For his part, deputy director of the Directorate of Public Prosecutions, Mr Wesson Manchwe proposed for the enactment of a new law dealing with bail.

Supporting the proposal, other stakeholders also called for a national referendum on the matter for Batswana to decide for themselves.

However, at the end there was a general consensus that offenders were being granted bail because they were not tried within a reasonable time. The interest of the public was that offenders must be punished and innocent people be freed, but this should be done in a reasonable time. The bail pitso was held under the theme: Bail: To bail or deny. ENDS