A busy session at the Appeals court

ISAIAH MOREWAGAE
Staff Writer | Wednesday January 6, 2010 00:00

 

Benson Keganne and Modise Mokwadi Fly want a panel of seven CoA judges to reverse the decision High Court that sealed their fate with the hangman.Murder convict Fly who is the former Secretary General of the Botswana Congress Party Youth League was condemned to death for the murder of his two-year old son Tawana Mosinyi in October 2008, while Keganne of Pitsane was sentenced to death in August 2008 for the murder of Gloria Mahowe at Maisane farmlands near Molapowabojang on March 10, 2001. Another case that is expected to come before the panel is that of Liberty Mhlanga.

Mhlanga was declared a criminal lunatic in 2001 at the age of 19 years. He was convicted in all the 15 charges he faced, which ranged from murder, attempted murder, burglary, possession of unlicensed firearms and theft. He had pleaded not guilty to all the charges.

He has amongst others murdered Sylvester Masule and Gabotlhapiwe Phokoletso. He also attempted to kill Madima Madima and Taolo Apadile on August 15, 1999.

The court, therefore, invoked Section 160 of the Criminal Procedure and Evidence Act, which reads in part 'the court shall return a special finding to the effect that the accused was guilty of the act or omission charged, but was insane so as not to be responsible for his action at the time when the act was done'.

Sub-section three of Section 160 empowers the President to order that such persons as Mhlanga be confined to a mental asylum. 

The former Debswana managing director, Louis Nchindo, his son Garvas, Joseph Matome and Jacob Sesinyi have filed two appeals with the upcoming CoA session protesting the decision of the High Court, which dismissed their applications to have the decision of the magistrate court reviewed.

The current session will hear about 78 cases both criminal and civil appeals. 
 Panel of judges comprises of Justice N J  McNally, Mathealira Ramodibedi, Dr Seth Twum, J G  Foxcroft, C T Howie, S A Moore and Honourable Lord J A Abernethy.