Magistrate slams police for delaying cases

Lindiwe Mozola | Wednesday March 23, 2016 14:25

 

Speaking during the rape case of one Mandla Ndlovu, who has been in police custody since last November, Motsamai revealed that the High Court had asked for a report on case delays, which would be presented to President Ian Khama. “There is a long list at the registry, of cases that have been dragging on and we have to explain to the High Court the reasons for the delay,” she said.

“The President needs to know why there is no progress, which is causing overcrowding in prisons.  “Some people are kept in custody even though they could be out on bail, only because some police officers chose to relax in their jobs”.

She added that most of the delays involved illegal immigrants, saying just because the suspects in these cases were not citizens, there was no reason to ill-treat them.

“Why should we ill-treat them by keeping them in custody for long periods of time without making any progress in their cases? Imagine you are kept in custody for a year only to hear that there is no evidence linking you to the incident. “That is really sad,” she said.

Motsamai said were Ndlovu not an illegal immigrant, she would have released him on bail.  Ndlovu, who is accused of rape, has been to court frequently without progress in his case as police officers say they are still waiting for the results of forensic tests.

The Zimbabwean native is alleged to have committed the offence on October 2, 2015 at Radisele village. The officer in charge of the case, Sergeant Thuso Tsie told the court that the results were ready and would be presented at Ndlovu’s next appearance.

In a different matter, the magistrate warned another suspect Tsutshube Twaelo, 48, about his failure to honour court dates.  Twaelo is also accused of rape. Motsamai said Twaelo always had to be dragged to court by police. She challenged the accused to acquaint himself with the dates and always come on his own without being forced by the police.

“It is very important that you come to court whenever you are required to.  If you do not we will be forced to remand you in police custody as it has come to light that every time you have to be dragged by the police to come to court. It is your responsibility to know your court dates,” she said.

Twaelo is alleged to have raped the complainant on September, 18, 2012 at Madiaela settlement.