Events in court

| Monday November 1, 2010 00:00

 The news team was greeted by a semi-naked man only wearing leather underwear and some sort of cover over his shoulders. Below we capture the events as they unfolded

 10.amThe village magistrate court is packed to capacity and there is confusion over which cases should be heard first. One police officer blocks members of the Bakgatla tribe clad in mateisi and leather attire from entering the court saying their case will be heard at a later stage. Afterwards he gives up as people continue to get inside the court. Another officer announces that people with other personal issues go downstairs to another court where they will find the presiding magistrate. Some members of the regiments continue helping police to move the furniture around. Later another announcement is made to the effect that the magistrate has said she wants her court to dispose of her cases.

10.20amAn announcement is made to the effect that the magistrate has now changed her mind and wants to proceed with her cases. Police officers, with the help of the regiments are forced to move the furniture once again. There are suggestions that the partition that divides the courts on the first floor be demarcated but confusion reigns as to what will happen to cases in the other court. Yet another announcement is made that the magistrate has agreed to allow the Bakgatla case to go ahead and will deal with her cases later. The partition is now folded back to created more space and people flock into court.

11amA woman clad in leteisi gossips to a man wearing jeans and pinning a ZCC badge. She whispers that she is uncomfortable with the manner in which some of her tribesmen were behaving in court. 'Even you as an individual would not like it when people cause chaos in your compound.

They must obey the court rules and understand what the State is saying in this case instead of misbehaving,' she gossips. She laments at the actions of such people, which she muses could destroy any chances of the Bakgatla defending their Kgosikgolo. The court is now packed to capacity.

11.10amRegional Magistrate, Barnabas Nyamadzabo enters the courtroom and takes a brief look at his papers. He apologises for the delays. There is noise at the back of the courtroom as more people fight to enter and the police interrupt the magistrate's words with 'Order'. The magistrate explains why there were delays but the noise continues unabated as the policeman once again interrupts the magistrate shouting 'order'.

11.15am The accused persons stand up and Nyamadzabo goes through his ruling that would take him up to 12.30pm, concluding that the 14 accused persons should be remanded for two weeks.

First accused person Kgafela whispers to his younger brother Mmusi as an argument ensues between Unity Dow and State prosecutor Mbikiwa. The two female attorneys engage in a heated argument with Mbikiwa questioning why Dow wants to discuss Nyamadzabo's ruling. She responds that she only wants to understand a few things.

12.30pmThe accused persons hear their charges read out and say they prefer the use of Setswana language while accused three, Kgosi Bana Sekai says he would prefer to use 'Sekgatla'.

There are clear signs that there are discrepancies in the sitting arrangement of the accused persons and the charge sheet. Dow gets instructions from Kgafela and fires a point to the court. She gets another one and fires to the court. The process continues every time the State scores a point.

The defence team and prosecution agrees for an adjournment of 15 minutes, but later say they will proceed in the afternoon as it is almost lunch time.

12.55pmPeople leave the court and there is a mix up. A group of men clad in animal skins escort Kgafela to a parking space across the road and he boards the back of a silver blue Toyota Camry. The men block the road to allow the car to reverse and it heads westwards.

The other men call on people to board their cars and head for Mochudi. 'Tsenang mo dikoloing re tsamae re ye Mochudi. Ga gona Kgosi e e yang toronkong,' they shout. A police officer is enquiring from his colleague, 'mapodisi a kae?' There is no answer forthcoming.

2.30pmThe court is packed once again and due to broken air-conditioners people are using various items as fans. 'But why did he run away, why can't he just come here and face the court,' whispers a man to a colleague.

Kgosi Bana Sekai is alone in the dock and is sharing conversations with other people seated nearby. Outside the police seem to have reinforced their presence. One officer whispers, 'he has worsened his case and nobody will be prepared to listen to him. Not even the High court'. 

2.35pmNyamadzabo arrives and Dow is at pains to explain the whereabouts of her clients. It is clear that the police have learned a lesson from the escape of 12 of the accused persons and at least seven of them are now standing at the backyard entrance of the court, while another team is standing behind the legal teams. 

Outside court an elderly man argues with a University of Botswana law lecturer saying he senses a political motive behind the Kgafela case while the lecturer tries to explain that the accused persons should have come to court despite their detention. 'You know, the State is powerful and it can use all it has, including force to bring anybody to face justice,' he warns. The old man insists government has something against Bakgatla.

3pmMore people leave the court and board their vehicles. A young woman with welling eyes is supported by two men. It is clear she is crying. Two police vehicles head towards Tlokweng with photographers in hot pursuit. Inside, one man says, it is Kgosi Bana Sekai heading for jail.

Two of his buses are parked just opposite Thapong Centre for Visual Arts and a few occupants watch the whole scene through the windows. An elderly woman in her late 50s joins a group of men and says that they came to court to hear about the case. She also states that the State knows of Kgafela's whereabouts. 'He did not escape from anybody, where were the police?' she asks.