Magistrate recuses himself from high-profile robbery case amid threats
Lesedi Mkhutshwa | Monday August 11, 2025 11:11
The quartet, comprising Ronald Dipholo, Mogomotsi Thupane, Ronnie Sanana, and the DIS agent, Derick Masukula, allegedly forcefully entered the Choppies Meriting store in Francistown and stole cash amounting to P190,000 at gunpoint in August 2020. The masked men allegedly robbed the store at 8:30 pm, just minutes after closing for the day, threatening staff members with something that looked like a gun.
Before the quartet's appearance on Tuesday, it is alleged that the troublesome and supposedly dangerous accused persons harassed one of the court reporters on their last appearance.
Delivering judgment, Magetse quoted a case in which her Lady Justice, Leatile Dambe, aptly said that it has long been a principle that a magistrate or judge should not sit in a case where they may not be able to administer justice impartially.
Magetse stated that the principle serves as a constant reminder to him as a judicial officer that whenever he foresees the possibility of his impartiality being compromised, whether in fact or perception, he is duty-bound to recuse himself from the matter.
'I deem it necessary to place on record that while I was on leave, I was informed by the court clerk that they had an unpleasant encounter with some of the accused persons in the present matter, which took place in the office corridor following the last court session,' he added.
Magetse further stated that since his return, he has observed that the said corridor has now been declared a restricted area, off-limits to non-staff. He stated that it would serve no purpose to delve into the merits of that encounter.
However, he felt compelled to state that he works with an all-women court team, whose safety, dignity, and professional comfort he deeply values and prioritises.
'Any conduct, person, or situation that confronts or unsettles them invariably affects me as their judicial leader,' he continued.
Magetse noted that his court team is not merely court staff, and he regards them as an extension of himself in the execution of judicial duties. He took no pride in pretending neutrality when their peace is disturbed.
He stated that as their leader, who values mutual accountability, he is equally bound not to disturb the very environment he expects them to thrive in.
According to Magetse, in the interest of justice, and as already noted, he has lost the required sense of neutrality.
'I cannot be expected to function independently and impartially where such neutrality is compromised. I therefore find it appropriate to recuse myself from further handling of this matter,' he added.
He indicated that the decision is borne not out of weakness or personal emotion but from the genuine reality of a hurt and unsettled court team whose well-being and sense of security are integral to the proper functioning of this very court.
It is also made in firm recognition of the higher principle of fairness that governs their judicial office, he elaborated.
Magetse stated that in the future, any party who feels aggrieved or intends to express discontent must do so in a manner that does not involve or target members of his court team.
'Any attempt to intimidate, approach, or engage my court staff inappropriately will be viewed in the gravest light and will attract serious consequences,' he warned.
The matter will be referred to the Chief Clerk of the Court for reallocation, while the accused persons will appear in court again on September 15, 2025.