29 Mar 2022

Ministry of Defence Justice and Security (MDJS) is developing a legislation that will address public concerns about granting of bail to accused persons.

Responding to MPs debate on the Magistrate Court (Amendment) Bill presented before Parliament on Monday, Minister of Defence Justice and Security, Mr Kagiso Mmusi said legislation which was at drafting stage would help regulate bail applications.

He said the law would be clear on all processes and conditions of bail, contribute to more effective justice delivery, preserve and restore confidence in the justice system. He said the ministry was equally concerned about granting of bail to accused persons particularly for serious offences.

He further informed MPs that the ministry was aware of the risks associated with the nature of job for magistrates as such had taken the initiative to maintain and improve security at magistrates’ houses at Maun, Mahalapye, Bobonong, Letlhakane and Tsabong. He said security of magistrates was taken seriously hence the ministry would continue to improve security for judicial officers.

In addition, he said escalating cases of gender based violence (GBV) were also a cause for concern to the ministry.

To address the challenge, he said GBV cases were treated urgently adding that in 2020 the Chief Justice instructed that GBV cases be heard as soon as possible.

Security of information at the courts, he said was also critical hence the introduction of Online Electronic Recording System and Record Management System which would help protect data in case of arson. He said the Case Management System was also put in place to protect cases.

Furthermore, Mr Mmusi informed MPs it was important to capacitate magistrates on various issues, as such magistrates were trained on ethics and judicial conduct with several of them trained on human trafficking issues. 

He said currently there were ongoing negotiations to train magistrates under the Commonwealth Judicial Educators Institute and Southern African Judicial Educators Institute. To improve access to justice, he said the ministry had established establishing mobile courts in Palapye, Francistown, Kanye, Extension 2 Gaborone and Maun would continue to increase mobile courts in order to assist Batswana. 

He said the courts would reduce the distance travelled and costs incurred by litigants and the public in those areas in order to access services provided by the court.

Meanwhile, MPs unanimously supported the proposed amendments to the Act, but urged Minister Mmusi to improve security and conditions of service for magistrates given that they would be overwhelmed with cases that were initially tried by the High Court. They said that did not only call for upgrading of security but also called for improved salaries and conditions of service for magistrates.

MPs Mr Yandani Boko, Ms Naniki Makwinja, Mr Kesitegile Gobotswang, Mr Kabo Morwaeng, Mr Motsamai Motsamai and Mr Sam Brooks applauded Mr Mmusi for the Magistrate Amendment Bill which sought to improve access to justice by enhancing the powers of Magistrates’ civil jurisdiction to impose higher penalties.

The MPs also highlighted the need to capacitate magistrates in order to improve service delivery, adding that would enhance the independence of the judiciary.  ends