12 Dec 2023

 Parliament on Monday rejected a proposal by Okavango legislator, Mr Kenny Kapinga to reduce the maximum penalty for aggressors against people with disability. 

The newly adopted Disability Bill set minimum sentence at 10 years while the maximum sentence has been pegged at 30 years. 

Mr Kapinga argued that the sentence induced a sense of shock and might lead to extreme injustice. “This is more so that modern laws recommend reforming offenders than punishment. Such wisdom as expected from of legislature is not reflected prescribing a minimum of 10 years without an option for a fine. This is more so that transgression against people with disabilities differ on degrees,” he said. 

Making his contribution, Vice President Mr Slumber Tsogwane said punishment should take into consideration the fact that most people with disabilities were helpless, hence the need to harshly protect their human rights. 

“People with disability have no defence so their protection should be utmost. We do not have to propose a lesser sentence, if at all, perpetrators would argue for a lesser sentence at trial,” said Leader of the House. 

Mahalapye West MP, Mr David Tshere said the sentence was too harsh especially that most caretakers of people with disabilities were volunteers. 

He said the harsh penalties would therefore scare them from volunteerism. Member of Parliament for Gaborone South, Mr Dumezweni Mthimkhulu said the Bill should be seen as trying to nip the problem at the bud rather than punishing the degree of abuse. 

“The only way to achieve that is to make the punishment harsh because if we put a lesser sentence the Bill will miss the plot,” he said. Supporting Mr Kapinga’s amendment proposals, Francistown South legislator, Mr Wynter Mmolotsi said the Bill should not be prescriptive, but allow judicial officers to decide. 

“The proposal does not however, support being lenient, but just that 10 years is too harsh and might not be commensurate with minor offences against people with disabilities,” he said. 

He said it should be brought to attention that some caretakers may flout the rules without malice aforethought, but genuine belief that their actions were for the good of the victim.

He therefore, advised against debating such matters with emotion saying though there was no doubt about the cruelty of some caretakers on people with disabilities. 

Mochudi West legislator, Mr Mmusi Kgafela also opposed the proposal, indicating that in anyway, Section 27(4) of the Penal Code gave judges liberty to give a lesser charge than the minimum stipulated if an offence did not, in their view, warrant even the minimum sentence. He said Parliament should be allowed to express its seriousness by making harsh laws. 

Another legislator, Mr Taolo Lucas of Bobonong also agreed that the harsher the laws, the higher the chances of scaring would be perpetrators. Ghanzi South lawmaker, Mr Motsamai Motsamai advocated for a broader amendment of all the laws that advocated for the rights of people with disabilities. 

He said this would make the country compliant with the many international treaties it had signed. 

Mr Motsamai also urged government to recognise caretakers of people with disabilities as this would also indicate genuine concern. ends