03 Dec 2023

Legislators have appealed to government to ensure that the proposed amendments to the bail law should also consider the opinions of the victim.

The legislators were commenting on Bail Bill No. 19 of 2023, which was tabled by Minister of Justice, Mr Machana Shamukuni on Thursday.

The bill is an act by government to provide for bail proceedings and for matters incidental or connected therewith.

In support of the proposed bill, Sefhare/Ramokgonami MP, Dr Kesitegile Gobotswang said bail application must take into account the opinions of the victims.

He said the move would bring a delicate balance between the rights of the accused and those of the victim. “We are aware that a person is innocent until proven guilty,” he said.

He said the justice system was slow in resolving matters within a reasonable time. He therefore said that based on the current pace of disposing cases, denying a person bail would result in a prolonged stay in custody.

Dr Gobotswang said there must be a balance to ensure that the proposed changes were not in conflict with any provisions of the constitution.

Vice President and Boteti West MP, Mr Slumber Tsogwane concurred with Dr Gobotswang that issues of bail had been a public outcry as some of those who were suspects in serious crimes repeated such offences while on bail.

Mr Tsogwane said the sight of a person alleged to had committed a serious crime in a public space had the potential to incite anger resulting in people taking the law into their own hands.

He said bail application must take into consideration the views of all affected parties to determine whether to grant bail or not.

He said the law must be tightened through stringent penalties for a person to think twice before committing a crime.

Mr Tsogwane said even though cases were delayed, in most cases, such delays were necessary for investigations to be carried out thoroughly.

Dr Douglas Letsholathebe of Tati East stated that granting bail was temporary release while an accused person was awaiting the finalisation of the matter. As such, he said cases must be thoroughly assessed before granting bail based on the seriousness of the alleged crime.

He also suggested that repeated offenders and those alleged to have a hand in ritual killings must not be considered for bail.Additionally,  he said it was important to ensure that cases were expedited to ensure that they were concluded on time to avoid the risk of putting someone behind bars for a prolonged period and ultimately getting an acquittal.

Ghanzi South MP, Mr Motsamai Motsamai also emphasised the need to consider overcrowding in prisons saying it might influence bail.

Therefore, he said the proposed amendments must also consider additional prison facilities to accommodate all those not eligible for bail while awaiting finalisation of the matter.

Mr Motsamai said even though being granted bail was somehow payment for one’s freedom, the law must in cases of murder take into account that the victim had also been denied their freedom.

He also added that in the event of a serious offence, the police must be allowed to detain a suspect for longer while doing investigations. He added that people who were facing offences of dealing in illicit drugs must also be denied bail. Ends