Fighting GBV remains 'difficult'
Innocent Selatlhwa | Wednesday July 5, 2023 06:00
In his address, he revealed that in the period from 2021 to the present, a total of 595 GBV cases have been brought before these courts. There are three Magistrate’s Courts in the district, located in Maun, Gumare and Shakawe.
Shamukuni stated that in the past two years, there have been 426 GBV cases presided over in the North-West District. These cases were distributed amongst the three courts as follows: Maun with 222 cases, Gumare with 54 cases, and Shakawe with 150 cases. Out of these 426 cases, 277 have been completed, while 149 cases are still pending for various reasons. One of the key challenges faced in expediting these cases is the non-availability of accused persons and witnesses.
“The North-West District is very vast with places that do not have public transport and with a difficult terrain to travel. Thus, accused persons and witnesses find it difficult to reach courts because of such.
In some instances, police officers travelling to court help to bring some to court. This eventually stretches their resources and are unable to assist,” he said. Another significant factor contributing to the delays in these cases according to the minister is the lengthy investigation processes, particularly in rape cases which make up a substantial portion of GBV cases. ‘Forensic evidence processing takes time and government has only one forensic laboratory located in Gaborone, serving the entire country.
This bottleneck in the investigation process further prolongs the resolution of GBV cases.’ In response to the escalating rate of GBV cases countrywide, Shamukuni said the Chief Justice issued Practice Directive No9 of 2020. The directive declared that all GBV cases should be treated as urgent applications and given expedited management, set down, and disposal.
The directive emphasised prioritising GBV cases and separating them from the regular flow of other cases upon registration. To address the issue at hand, the minister said specialised courts dedicated to GBV cases have been established at Magistrate’s Courts, with Chief Magistrates overseeing the proceedings. In instances where a station lacks a Chief Magistrate, he said GBV cases are still given priority as stipulated in the directive. In the North-West District, the Maun Magistrate’s Court has a Chief Magistrate specifically designated to handle GBV cases.
Shamukuni conceded that despite these initiatives and the establishment of specialised courts, delays in completing GBV cases persist due to various factors. Apart from the aforementioned delays in investigations caused by the limited capacity of the country’s forensic laboratory, difficulties in locating suspected individuals and the non-availability of accused persons in court contribute to the backlog. Furthermore, social welfare assessments to determine the placement of children involved in these cases can also cause additional delays.
“It is the aim of the Administration of Justice to ensure the Chief Justices’ Directive above is implemented fully to reduce the number of GBV cases pending before the court and bring closure for its victims,” he said. Specially-elected member of the house, Kgosi Oateng Setlhodi had quizzed the minister about the numbers and initiatives in place to speed up the court processes on GBV cases in the district given the escalation of gender-based violence.