15 Feb 2022

Molapowabojang residents have proposed that the Stock Theft Act should be reviewed to make it effective against ever increasing cases of stock theft in the country. Residents said this during the Presidential Commission of Enquiry into the Review of the Constitution consultative meeting at their Kgotla yesterday. 

First to get the ball rolling was Kgosi Daniel Ratsoma, who in his welcome remarks said that customary courts should be empowered and resourced to address the high number of cases and challenges around stock theft.

He suggested, that as it was in the past, customary courts should be granted jurisdiction to deal with these matters, as currently the accused had the right to opt for trial at the Magistrate court. 

Once at the magistrate’s courts perpetrators were often freed, owing to incapacity of common law to understand colours and markings in Setswana, which was an area customary courts were at home dealing with, her said. 

Kgosi Ratsoma added that it took too long before the cases could heard by magistrate courts leading to the culprits being freed eventiually. He also called for the enactment of legislation dealing with stray cattle, arguing the current act gave the council responsibility to round up stray cattle and locate owners, which had so far proved difficult. 

“Are boeleng ko goo lowe, re boeleng ko marakanelong a ditsela, re tlotle Setswana sa rona. Gona le lehuma ka gore ga re a sala Setswana morago,” he said. Presenting on behalf of the residents, Ms Ofentse Matlale pleaded for the constitution to be written in Setswana and English. 

She said currently the constitution forbade searching of suspects without a search warrant, which made it difficult for the police to do their work, adding that was mostly a challenge when dealing with stock theft cases. “Section 9 states that except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises,” she said. 

She argued that even when a culprit could be seen driving stolen cattle into his farm, the law made it impossible for them to enter and intervene or record evidence without the assistance of the police. 

This, she said, gave culprits time to destroy evidence, placing the aggrieved at risk of being accused of false accusation by the same culprit. Mr Sydney Kgengwenyane said as residents they were against appointment of losing candidates as specially elected Members of Parliament or council. “These people’s constituencies rejected them, therefore it does not seem right that they are appointed,” he said. 

He also recommended that qualification age for old age pension 60 years. “Mostly people retire at 60 and have to wait for five years before they can benefit from old age pension,” he said. 

Mr Kgangwenyane further recommended that the law should recognise councilors as law-makers. He also recommended that should not be allowed to enter politics; that a Kgosi who chose to enter politics should fully abdicate and should not be allowed to go back to bogosi. 

In the same vein former presidents who became involved in politics should forfeit their benefits, he said. ends