04 Dec 2023

The Minister of Justice, Mr Machana Shamukuni says it is not by default that the Bail Bill is receiving maximum support from legislators as it focused on an issue of public concern.

Mr Shamukuni said through amendments to the law, the justice system was drifting towards courts of the future of fast-tracking cases by the use of advanced technology as well as receiving evidence through virtual platforms.

Responding to debates on the Bail Bill No. 19 of 2023 recently following its undisputed support from legislators, Mr Shamukuni observed that courts were also concerned by cases of repeated offences committed by those who were on bail.

He said the move was a sign of a responsive government. “We are convinced that the bill is not in conflict with any provision of the Constitution.

“We are not saying we are coming up with a law that will deny people bail, all we are saying is that there must be stringent conditions for one to be granted bail,” he said. He said the Bill also provides for the need for an assessment report from a professional stating whether such a person was a candidate for bail or not, as well as involving the victim in the decision-making.

 Earlier on in his contributions, MP of Thamaga-Mmankgodi, Mr Kagiso Mmusi said remanding an alleged criminal in custody in some instances was for the safety of the suspect or to allow investigations to be carried out without interference.

Mr Mmusi said strenuous penalties and denying people bail would to some extent deter people from repeating offences.

MP Onalepelo Kedikilwe of Serowe West was of the view that efforts made by law enforcement officers in apprehending criminals were at times frustrated by their release on bail as some end up disappearing thereby frustrating the end of justice.

Lerala-Maunatlala MP, Mr Sethabelo Modukanele said it was important for government to consider changes to the law as a way of strengthening the justice system. MP for Francistown East, Mr Buti Billy said the amendments would bring trust and respect to the rule of law.

He said it was important for the victim to be heard and to fully assist the court in determining the grounds for giving the perpetrator bail. Rendering his support to the bill, Ngami Legislator, Mr Caterpillar Hikuama said the bill was a testament to what was expected by the society.

He said it was also important to capacitate the kgotla system, by training Dikgosi to ensure that they played a relevant role as an extension of the judiciary.

He said upgrading the tribal administration would ensure that people have trust in the system and therefore all cases of stock theft would be dealt with expeditiously at the kgotla.

Molepolole North MP, Mr Oabile Regoeng said challenges associated with bail were dominant in discussions with the community.

Supporting the bill, Gaborone Central MP Mr Tumisang Mangwegape-Healy said human rights were enshrined in the Constitution.

Despite committing to the law, Mr Mangwegape-Healy said police officers were confined by the law, therefore the proposed amendments would empower them.

He said it was unfortunate to observe that violent crimes were on the rise therefore strengthening laws that would keep such criminals behind bars for a longer time.

Kgalagadi South MP, Mr Sam Brooks said it was important to amend laws to close gaps that were rendering the justice system toothless in the eyes of the society.

He said part two of the amendments further provided for what was expected from the accused person while on bail.

Of importance, he said the part makes it mandatory for the judicial officers not to release the accused person if one of the stated grounds was established like in a case where the accused was likely in the eyes of the court to commit offences like murder, stock theft, motor vehicle theft, rape and defilement amongst others. Ends