Moatlhodi explores reconciliation in child assault case
Lebogang Mosikare | Friday September 11, 2020 16:40
The State alleges that the maverick UDC MP for Tonota and married couple, Maranyane Kebitsang, 68, and Nnyana Kebitsang, 61, acting together in concert subjected Kesego Olekantse, now 12, to inhuman treatment on January 30, 2019 by assaulting him at Tonota.
The trio is alleged to have thereafter unleashed a vicious dog to bite Olekantse causing him puncture wounds and bruises on his face and body contrary to the Children’s Act. In the past, the police stated that Olekantse incurred the wrath of the accused after he allegedly stole some mangoes from the Kebitsang homestead. When the matter came for status report recently before Chief Magistrate Faith Dlamini-Nga’ndu, prosecutor Gaone Miller produced a death certificate showing that Maranyane recently died on August 22. After Miller produced the certificate, Dlamini-Nga’ndu withdrew charges against the deceased.
The defence attorney, Martin Maeba then told the court that he had since met with the prosecution to explore the issue of reconciliation,adding that the State had no problem with that. After Maeba raised the issue of reconciliation, Dlamini-Nga’ndu advised Maeba that the prosecution, and not defence, should drive the issue of reconciliation. She added that the reconciliation process should consider the best interests of the child before anything else. Dlamini-Nga’ndu added that if the prosecution and defence had adopted the position of reconciliation, the process should be completed before the commencement of trial in the event the two parties reach a deadlock over reconciliation. “The process of reconciliation should also not be between the accused and complainant,” Dlamini-Nga’ndu explained. In response to what the defence attorney stated, Miller proffered ignorance about any recent proposal for reconciliation between the prosecution and defence.
“The defence once approached me about reconciliation and we never agreed on anything but we instead proceeded to set trial dates. I am now surprised to hear the defence counsel talking about reconciliation,” Miller said.
She added: “I am amenable to explore the issue of reconciliation on condition that the accused agree to compensate the complainant. The gesture of reconciliation should however, take the best interests of the child first before any other considerations as per the Children’s Act”. When Dlamini-Nga’ndu quizzed Maeba further why the defence did not quickly jump to reconcile because any person who wanted to have the matter brought to finality will jump at that opportunity since it meant the staying of charges, Maeba said that a lot of factors including the outbreak of coronavirus led to that, although he added that he did not want to dwell on the issues.
At the end of the accused’s appearance, Dlamini-Nga’ndu said that the trial dates of September 22 still stand but in the meantime, the prosecution and defence are given a chance to explore the issue of reconciliation and should appear in court on September 15 for status update.