Deathrow inmate pins hope on Ngakaagae
Mompati Tlhankane | Tuesday January 17, 2023 06:00
Ngakaagae, who is the co-counsel in the case, was not in court and was said to be sick. Justice Lot Moroka of the Francistown High Court in 2021 sentenced Mujanki, a former Botswana Police Service (BPS) officer to death for murdering his ex-girlfriend, Bokani Socks who was a former nurse at the Nyangabgwe Referral Hospital.
Underlining the death penalty in his sentence at the time, Moroka said it was clear that Mujanki murdered Socks in cold blood after meticulously planning to do so.
Mujanki, who is to hang by the neck until he dies, now believes that Ngakaagae’s magic counsel is the only thing that can cancel his date with the hangman. Mujanki feels that the attorney provided for him by the state, Kgololesego Segabo, is not strong enough to defend his case. “Due to the gravity of this case my client wants Ngakaagae and his desire was to have him here today.
He is pleading with this court to postpone this matter because he wants Ngakaagae’s input,” Segabo told the CoA bench consisting of Justices Isaac Lesetedi, Tebogo Maruping and Lakhvinder Singh Walia.
Segabo said Ngakaagae sent him a sick off note and indicated that he will not be available on the day. He also said Ngakaage told him to plead with the court for a postponement.
In response, Justice Lesetedi said Ngakaagae as lawyer who takes his client seriously should have filed his sick off with the registry and brought something to show that indeed he is the lead counsel on the matter. “There is no evidence that Ngakaagae is involved, the heads of argument were authoured and filed by you. If your counsel is not needed then why are you here?” Justice Lesetedi asked Segabo.
Justice Lesetedi further said Ngakaagae as the lead counsel should have done everything in his power to communicate with the court that he will not be available. He said Ngakaagae has not shown commitment therefore Mujanki should consider seeking counsel from another lawyer. “There are limits the wheels of justice can wait for a lawyer.
If Ngakaagae can wait this long because he has been sick then you will have to find another lawyer,” Justice Lesetedi told Mujanki. In the end, the CoA bench granted Mojanki his wish and his case will be heard in the next session of the CoA. Justcie Lesetedi, however, warned Mojanki and indicated that no postponement will be granted again because of a lawyer’s ill health. “Get your legal representatives in order.
We are not going to give you a chance to file a new application,” he said. Justice Lesetedi also said they took the decision looking at the gravity of the sentence he is facing which is the death the penalty. Mujanki was relieved to hear the court’s decision because for him time is running out.
Through his lawyer Mujanki said he had made efforts to contact Ngakaagae’s office on November 3, 2022 and on November 27, 2022 but to no avail.