24 Oct 2022

The prosecution and social workers in a case involving a 16-year-old minor of Sese near Jwaneng, who is accused of murder, have been given two weeks to have furnished the court with all the relevant documents.

Jwaneng magistrate, Mr Mpho Setshegetso made the order when the minor, who allegedly stabbed his cousin to death at Sese on October 19, appeared for mention on Monday.

Mr Setshegetso indicated to the prosecution and the social workers that according to the Children’s Act of 2009, a Children’s Court has to be furnished with documents such as the medical history of the minor if any, their school records, a report on the home environment as well as the minor’s general conduct.

He said according to section 81, sub-section 3, the social worker shall also recommend the best way of dealing with the child.

“As it stands, the court is in a precarious position because even the identity document of the accused has not been filed, and the court needs it to ascertain whether it is indeed dealing with a minor or not,” he said.

Mr Setshegetso, therefore, advised the prosecution and the social workers to liaise with the parents of the accused to ensure that they arrange for him to make his identity card, especially that he did not even have a birth certificate that could substitute it.

He did not entertain the suggestion by the prosecution, led by sub-inspector Lorato Chabaetsile, who said he documents could be filed at a later stage while the matter continued since it needed time to compile reports.

The magistrate said that would offend section 81, sub-section 1-4 of the Children’s Act, which lays down the procedure for dealing with minors that are believed to be in conflict with the law.

He also said that such documents were vital in guiding the court, hence their requirement at the initial stage of a matter.

Meanwhile, the prosecution was successful in its plea to have the accused remanded in custody while investigations continue.

Motivating his case for remand, investigating officer, detective constable Kgosietsile Shimane said one of the major reasons was that the family of the deceased, who was buried over the weekend, were still enraged.

“The accused and the deceased were close cousins, and right now as we speak, there is rumour that the parents of the deceased are accusing the parents of the accused of having encouraged the act.

If we release the accused, he is going to mingle with the same relatives and so we fear for his safety,” he said.

Detective Constable Shimane also said that remanding the accused would give the investigating team time to deal with the issue of the accused’s identity card, which would prove to court his true age.

Mr Setshegetso, who also wondered why the parents of the accused were not present in court, although just out of concern as they were not required, set November 8 for next mention, and for the prosecution to have filed all the required documents.

He also informed the accused that it would only be then that he would be given a chance to apply for bail if he wanted to, and directed the social workers to assist him in finding pro bono legal representation. Ends