Tonota Kgosi sentenced for woman flogging
Lebogang Mosikare | Friday July 9, 2021 16:24
Lesitamang Molebedi, 65, breathed a sigh of relief after Chief Magistrate, Mareledi Dipate sentenced him to one year in jail wholly suspended for three years on condition that he does not commit a similar offence within that period. Molebedi attracted the wrath of law after he ordered his niece to be flogged, contrary to the Customary Court Act.
The Act reads: “Section 18 (Punishments) of the Botswana Customary Courts Act reads: “(1) Subject to the provisions of subsections (2), (3) and (4) and section 21 and to the provisions of any other law for the time being in force, a customary court may sentence a convicted person to a fine, imprisonment, corporal punishment or any combination of such punishments but shall not impose any punishment exceeding those set out in its warrant.” “(2) No customary court shall sentence any female or any person who is, in the opinion of the Court, of the age of 40 years or above to corporal punishment.”
Before Dipate passed sentence, Molebedi mitigated again despite the fact that the process of mitigation had already passed. He pleaded with the Court to take into account that he has a loan of P90, 000 that he is still paying.
This led to Dipate to advise Molebedi that the process of mitigation has already passed. When passing sentence, Dipate said he took into account Molebedi’s mitigation. “The accused is of advanced age and he has no previous convictions.
He has also carried out his duties as a headman meticulously for the past 15 years. I also take into account that he is taking care of his two children whose mother has passed away and that he is a chairperson of the GBV committee,” said Dipate.
However, Dipate admonished Molebedi for having acted irresponsibly by ordering his niece, Chandapiwa Nkaneyabo, to be flogged on January 29, 2019. The accused, Dipate noted, should have known better that the law prohibits women to be flogged in Botswana and added that he took into account that Molebedi was a first offender.
“The accused gave no explanation why he authorised a woman to be flogged... He should have led by example as a community leader... I therefore, sentence him to one year in jail wholly suspended for a period of three years on condition that he does not commit a similar offence within that period. The accused is advised of his right to appeal both his conviction and sentence within 14 days from now,” said Dipate.
Molebedi’s fate now lies in the hands of the Minister of Local Government and Rural Development, Eric Molale, who is empowered by the Customary Courts Act to suspend or dismiss members of the Customary Courts. Section 9 (Suspension and dismissal of members) of the Act reads: “The Minister may dismiss or suspend for any period he may deem fit any member of a customary court who appears to have abused his power or to be unworthy or incapable of exercising the same justly, or for other sufficient reason.
On such dismissal or for the period of his suspension the member shall be disqualified from exercising any powers or jurisdiction as a member of the court unless he is expressly reinstated by the Minister.”