Bail laws must protect Batswana

Mmegi Editor | Tuesday August 5, 2025 09:24

Minister Nelson Ramaotwana voiced what many citizens feel daily; that the current approach to bail, especially for repeat offenders, is failing our communities. His urgent call for the legal world to revisit bail laws cannot be ignored.

We see it too often. Suspects, particularly those linked to serious crimes such as stock theft or violence, are arrested only to swiftly walk free on bail, sometimes to commit yet more crimes while awaiting trial. Ramaotwana highlighted the shocking reality of individuals with over 10 pending cases repeatedly being granted bail. This revolving door isn’t just frustrating; it’s terrifying communities and making people feel unsafe in their own homes. The Minister rightly warns that this dangerous situation risks pushing desperate citizens towards vigilante action, thus undermining the rule of law itself. Yes, the Constitution guarantees the presumption of innocence and the right to bail. These are vital principles. But these rights cannot be applied blindly, putting the public in constant danger. The recent changes to the Bail Act were a step forward, but clearly, they haven’t gone far enough to deal with the critical problem. The public’s deep dissatisfaction proves that.

Therefore, we strongly support the Minister’s demands and call for immediate, decisive action to tighten bail laws. The law must be crystal clear. Individuals facing serious charges while already on bail for other serious offences, or those with a clear, recent history of similar crimes, should face a near-automatic denial of bail. Their record shows contempt for the law and a clear danger to society. Coupled with that, prosecutors must rise to the challenge set by Minister Ramaotwana. When opposing bail for dangerous suspects, especially repeat offenders, they must present compelling, detailed evidence before the court, demonstrating the high risk of re-offending or witness intimidation. Vague arguments won’t suffice. Bail decisions must explicitly consider the safety of victims, witnesses, and the wider community affected by the alleged crime. Potential harm must be a primary factor.

Crucially, tightening bail cannot happen in isolation. President Boko and Chief Justice Ketlogetswe rightly emphasised the parallel need for wider judicial reform. Speeding up trials is essential. The plans to expand magistrates’ powers, open the new High Court division in Mahalapye, and tackle the massive case backlogs are welcome and urgent. Justice delayed undermines the whole system, it pressures courts into rushed bail decisions and erodes the right to a timely trial. The police do their job arresting offenders. But if courts repeatedly release dangerous individuals back onto the streets before trial, that hard work is wasted, and public trust erodes. We need a justice system that not only protects the innocent until proven guilty, but also decisively protects the public from those who show, through repeated actions, that they pose a clear and present danger. It’s time for the legal fraternity to heed the Minister’s call, strengthen the Bail Act significantly, and work hand-in-hand with the wider reforms to deliver a justice system Batswana can truly believe in and feel safe with.

“Winners don’t do different things.They do things differently.”– Shiv Khera