13 Mar 2014

Parliament has debated and approved the 2014/15 financial year budget request of the Administration of Justice.

Debating the budget on March 12, Molepolole North MP, Mr Gaotlhaetse Matlhabaphiri said he supported the request as it would go a long way in addressing issues of access to justice by many Batswana.

He said he was also worried by the justice system tendency of addressing internal issues that involved the Administration of Justice through newspapers, as doing so put them in a bad light.

Maun West legislator, Mr Tawana Moremi urged the department to consider the issue of establishing a constitutional court to address constitutional matters. He also said there was shortage of various statutes of law to the public and urged the department to ensure they were available for Batswana.

Mr Moremi further said he was still awaiting for an explanation from the Minister of Justice, Defence and Security on the issues of forum shopping.

He also called on the department to see to it that Batswana could seek recourse at the Southern African Development Community (SADC) Tribunal if they felt hard done by the country’s last court, the High Court of Appeal.

Nkange MP, Mr Edwin Batshu said the construction of the Tutume Magistrate Court should be expedited as it was planned for. He raised concern about the issuance of bail to suspects facing murder charges and illegal immigrants who committed various crimes in the country.

Serowe South MP, Dr Pelonomi Venson-Moitoi said just like her Ministry of Education and Skills Development introduced sign language, the Administration of Justice should also do so for its courts.

She said delaying cases at the High Courts should also not be happening, and on the issue of rape cases, Dr Venson-Moitoi said the collection of evidence should be done in private and not in open police charge offices.

Ngwaketse South MP, Mr Peter Siele said shortage of magistrates to try cases has led to an increase in stock theft cases.
He said the conditions of service of Magistrates should be looked at as their work is of paramount importance. 

He also said perpetrators of crimes such as rape should not be given bail to safeguard the victims and their constitutional rights. Tati West MP, Mr Charles Tibone said he was grateful for the Masunga Magistrate court as it has reduced the burden of attending cases in Francistown.

He also commended the department for taking justice to the people through specialised courts but was concerned that complicated and larger cases often made the department to be overly dependent on advocate expertise from neighbouring South Africa.

Mr Tibone said this does not help to develop own local jurisprudence and wondered whether local lawyers are not experienced to handle such matters.

In response to the MPs, the Minister for Justice, Defence and Security Mr Dikgakgamatso  Seretse said he agreed that the department’s issues should not be addressed through the media.

He said on the establishment of a Constitutional Court, constitutional court matters can be handled by the High Court as it has the jurisdiction to handle all such issues. Mr Seretse said the SADC Tribunal does not deal with individual matters of citizens of SADC member states but of the countries.

He added that he also expects amendments to the tribunal at the next SADC summit. On bail issuance to perpetrators of crimes such as murder and rape, Mr Seretse said such is a sensitive issue as the law allows magistrates and judges to use their discretion in giving out bail. Ends