Looming crisis in Gantsi after magistrate�s sacking

Leinanyana Tsiane | Wednesday July 16, 2014 11:48

She said that defendants, especially those who are in custody are angry with the state of affairs.

“It is becoming increasingly difficult for me to contain aggrieved and angry accused persons who have partly heard matters before Malambane.  “They keep voicing discontentment about the prejudice they are currently enduring,” Paya said. She stated that she is not getting an acting allowance as temporary head of station following the dismissal of Malambane. She told Mmegi that since the sacking of the principal magistrate, the workload has increased tremendously but she is coping well.

Besides her main duty of hearing and determining cases, Paya said she is now responsible for administrative work and a staff compliment of 22. “I handle all criminal, civil, traffic, and maintenance and other miscellaneous matters,” she said.

Because of her junior status, Paya cannot try offences such as rape, defilement and robbery. Criminal procedure demands that cases partly heard can only be handled by a different magistrate by way of a re-trial. So far, the judiciary has not indicated what would happen to the cases before Malambane. The situation in Gantsi is not helped by the fact that two other magistrates left pending cases at the station.

She hailed the support she has got from Regional Magistrate, Chris Gabanagae and the Registrar of the High Court. She said Gabanagae visited the station in May to assist with some of the cases beyond her jurisdiction and that he come back again next month. She said she has no delayed cases. She hopes a replacement for Malambane will be appointed soon.