Judge Warns Alleged Human Traffickers
Pini Bothoko | Monday January 15, 2018 17:35
John Mayodi, Enock Nkatha and Gaston Kamanga were arrested at Botswana’s Kazungula border with Zambia on July 11, 2016 and have been remanded in custody since then.
Granting the accused bail, Justice Moesi said: “… I can safely state that the risk, if any existed, of the applicants in any way interfering with the alleged victims has now passed. There is thus absent any information justifying the continued remand of the applicants in custody”.
“There is merit in their contention that they stand to suffer irreparable harm should they be remanded further pending the conclusion of a potentially lengthy trial. Bail is appropriate in this case and therefore the applications have to succeed. I so order.” Moesi said the applicants are each accordingly admitted to bail.
He granted them bail pending the finalisation of the principal case on condition that they do not make any contact with the alleged victims on the duration of the principal matter.
“Pending the finalisation of the principal case, the applicants must not go to Kasane specifically Kazungula border gate and any or other border gate or any other official international transit or departure point in Botswana. Additionally, the applicants must not go within five kilometres of any of Botswana’s international borders,” Moesi said.
The trio, Moesi stated, must furnish Tatitown Police Station with the details of the physical addresses in Francistown at which they will reside pending the finalisation of the principal case adding that this means that the applicants must live and sleep each night at those addresses.
“The applicants must…report at Tatitown police station on Sundays and Wednesdays between 7:30 am and 5pm. Pending the finalisation of the principal case, the applicants must each bind themselves with P15,000. If they fail to attend court on any appointed day they then shall pay the amount of the bond to the State and forfeit their bail,” Moesi said.
He added that the three must each provide a surety (being either a citizen of Botswana or a permanent resident) to bind him or herself in the same amount to ensure that the applicants attend court or pay the state if they fail to attend court on any scheduled date.
The judge also said it was open to the State to demand in writing without resort to the court that applicants must abide by a curfew between specified hours should they fall foul of any of the conditions stipulated above. Finally, it shall be open to the State if it is in its interest and within its means or capabilities to do so, Moesi noted, to use electronic tagging and monitoring devices to monitor the applicants’ compliance with their conditions as stipulated above.
a water tank (Jojo) in their area, but it is overwhelmed and does not cater for the whole area. She said this is forcing them to walk long distances pushing wheelbarrows looking for water. She said another concern is that some residents at the recently allocated plots have been told they are not in the map or planning area, hence cannot be connected standpipes.
Gabriel Mokoka of Phalane ward said the situation is bad and worse for people without vehicles as at times one has to drive to far-off villages as Thamaga in search of water.
He said some people have found business in the crisis, as they are now selling 20 litre buckets of water for P30 to residents. The meeting elected a committee that can represent the villagers and spearhead their campaign to voice out their concerns to the government and WUC.