Magistrate recuses himself from Kabo Sebele case

ISAIAH MOREWAGAE
Staff Writer | Friday February 26, 2010 00:00

 

Yesterday, Magistrate Nehemiah Mnguni told the court that he would transfer the case to the Regional Magistrate (South). 'He will in turn make a decision on whether to allocate it to another magistrate or handle it himself', Mnguni said.

Kabo Sebele, Kgosimotse Sebele, Motlhabatsatsi Nkonyane appeared before Magistrate Mnguni last week charged with a single count of threatening the life of judicial officer Dumisane Terrence Basupi. The complainant had earlier on sentenced their relative Kgosikwena Sebele to four years in prison for stealing a billy goat.

The facts of the case are that on February 8th, the three accused persons at or near TAJ filling station in Molepolole acting jointly in concert without lawful excuse made a gesture to Basupi which he understood to mean 'I will kill you.'

On count two, which is applicable to Kabo alone, the state alleges that on the same day along Goo-Thato tarred road near TAJ filling station in Molepolole, the accused drove a motor vehicle in a manner that endangered other road users. 

During their initial appearance before Mnguni, Kgosimotse and Nkonyane were granted bail while Sebele, was locked up pending trial. However, last week High Court judge, Justice David Newman overturned Mnguni's ruling and granted Kabo bail.

During yesterday's appearance, Kabo pleaded with the court for variation of his bail conditions so that he can exercise his political and social duties.

Kabo told the court that his in-laws reside within close proximity to the work place of Magistrate Basupi. Also the road that he uses to go to his farm passes in front of the magistrate court premises which in itself is located within his political ward. However, Mnguni told Kabo that he has no powers to tamper with the decision of the High Court.

'I can only tamper with my own decision as I have just changed some of the conditions that I had set for the other two accused to go in line with those that were set for you at the High Court. My advice for your is to go before Justice Newman again and present you concerns', Mnguni said.

The trio has been ordered not to come within a radius of two kilometres of magistrate Basupi's place of work and residence unless on official or court business. They were instructed to attend all court mentions when called upon to do so, to produce two sureties each in the sum of P3, 000,00 as a security. They were also instructed to produce P3000 as a recognisance fee.

Further to that they are barred from stalking, harassing, communicating and interfering in any manner with Basupi or any other witnesses the state proposes to call who shall be communicated to him. 

They should report to Molepolole Police Station every Monday during working hours and surrender their travelling documents to the Molepolole station commander. The case will come before court again on March 15th.