Farmers query stock theft law

ISAAC PHEKO
Correspondent | Thursday September 18, 2008 00:00

They are concerned that thieves exploit the loopholes in the country's constitution and get away with stealing their animals.

This arose at a farmers' meeting especially for stock theft in Mathangwane at the MP's office yesterday.

The stock theft Act CAP.9:01, section3 (1) states that 'a stock theft offender found guilty shall be sentenced to a term of imprisonment of not less than five years or more than ten years without an option of a fine, for a second or subsequent offence, a term of imprisonment for not less than seven years or more than 14 years without the option of a fine'.

Masego Taolo, a member of the customary court of appeal, said that often customary court cases of stock theft are not handled properly because charge sheets for the crimes are not carefully prepared.

'Charge sheets in customary courts do not show all the information,' Taolo disclosed.
He said that a charge sheet must show the name of the accused, the date of the offence, what was stolen and the value of what was stolen. Taolo also mentioned that presiding officers must operate within their jurisdiction and investigating officers must not act as prosecutors during the trial.

Taolo called for proper training in criminal law, criminal procedure and evidence and the constitution for newly appointed officers in the customary courts.

'When giving previous convictions of an offender in a customary court, it should be in writing and not verbal,' said Taolo.

He submitted that livestock is generally perishable, externally made marks on animals change character or just fade with the passing of time. Taolo explained that if the allegation is that the suspect has recently branded or earmarked a beast, the marks look fresh.

He encouraged the use of technology such as video recording of the fresh marks, which may later prove substantially helpful at the trial.

When responding to the farmers' protests that too many offenders are granted bail by the magistrates, prosecution counsel, Dick Moffat, said that according to the bill of rights, a person is innocent until proven guilty in a court of law.

He said the court considers a number of factors before granting the accused person bail. 'The court considers whether the accused person is a Motswana, whether the accused owns property in the country, if the accused does not appear to be a flight risk, the court is obliged to grant him bail.

'However if the accused person is granted bail, they should not commit the same offence,' said Moffat.

Responding to complaints that stock theft cases take too long at the magistrate courts, Moffat said that preparing for a case can take up to a month. He said that the accused is also given up to three months to look for a lawyer.

'The trail date will be set only when the accused has found a lawyer. Magistrates are overwhelmed by cases and sometimes, accused persons have to be excused from courts because of ill health because every one has a right to a free and fair trial.

If a trial date is set now, the case might be tried in June of next year,' said Moffat.
Motalepula Tafila, the clerk from the magistrates' court said that the delay of cases at the magistrates' court is caused by the lack of manpower. She said that in Francistown, there are currently six magistrates instead of nine.

She explained that two chief magistrates are Batswana while four are foreigners.
'When it comes to stock theft cases, there is a problem because foreign magistrates cannot describe or identify colours of cattle. Batswana magistrates would be able to recognise these colours when described in Setswana,' said Tafila.

The police representative at the meeting, Alakanang Makobo, said that a crooked policeman who was in cohorts with stock thieves was arrested and fired after a tip off by members of the public. Makobo was responding to farmers who claim that some members of the police force were assisting stock thieves. He said that members of the public were helpful in tipping off the police about stolen livestock.

'Ring leaders who orchestrate these crimes are not easily caught. This is because they hire other people to steal the livestock. These ringleaders pay the messengers when they deliver the stolen cattle.

'No one is above the law. We will arrest any one who commits an offence regardless of their status, there are kraals all over the bushes and if no one is accountable for these mysterious kraals, we burn them,' said Makobo.

Makobo said butchery operators who slaughter cattle in the bush are encouraging crime. He said that the slaughtering of beasts for occasions such as funerals must be regulated.
'If a butcher dealer buys one cow, it mysteriously becomes ten cattle and he cannot explain where he got the extra meat.' He urged abattoir employees to tip off the police when they see beasts that have suspicious fresh branding at the slaughterhouse.

'When we convict stock thieves they end up winning cases at court because of insufficient evidence. It is a vicious cyle. Our resources are short and the community must work in unison with the police to battle these crimes,' said Makobo.

Otsile Mokobela a farmer and feedlot owner said 'it is easy to get a cow with a bolus into the Botswana Meat Commission'. He said that veterinary disease control gateposts are not effective. He said that stolen livestock is passed through these gates easily. There are no people employed to guard these gates.

He said that the stock theft act must be revisited.