Longer wait for accused Sebele

GREG KELEBONYE
Staff Writer | Thursday September 2, 2010 00:00

Yesterday, the prosecution and the defence agreed on June 24-25, 2011 as suitable trial dates for all parties involved.

Previously the matter was tentatively set for February 24-25, 2011. While the prosecution, represented by Mpho Letswalo, said the initial date was suitable, Dick Bayford, who is acting for Sebele, said that he has another engagement with the Francistown High Court on the same day.

The parties eventually agreed on the June dates. Sebele will come up for mention again on Decemeber 17, 2010.

Sebele is accused of threatening to kill Magistrate Dumisani Basupi after the latter sentenced Sebele's uncle Kgosikwena Sebele, to four years in jail for stock theft. The Court of Appeal increased the sentence to five years,  the minimum jail term for stock theft convicts.

Kabo Sebele was initially charged along with one of his uncles, Kgosimotse Sebele and elderly tribesman, Motlhabatsatsi Nkonyana. The state has since withdrawn charges against the two.

The setting of the trial dates comes against a background of suspicion against the presiding magistrate Oahile Mokibe.  During the last mention, Sebele asked that Mokibe should recuse herself as she had shown that she cannot be trusted to be objective.

Magistrate Mokibe was roped in following Sebele's (and the other two) complaints that magistrates from Molepolole could not be expected to be objective when presiding over the case, as the complainant,  Basupi, was their colleague. However, no sooner had magistrate Moahi set foot in the courtroom than Sebele asked for her to also recuse herself. At the time Sebele argued that Mokibe had failed the objectivity test.

'You have been that side together with Basupi for almost two hours as we all waited for court to start.

This is worrisome. We know Basupi is working in Gaborone, so what is he doing here on the day you are hearing our case? We are greatly worried that even you, new as you are to the case, will be as subjective.

You might want to know that this sort of thing has been happening and we have not been dealt with fairly, so much that at one point magistrate Mguni apologised on behalf of the court and the prosecution for having not been honest with us. I request that you recuse yourself from the matter.'

However, magistrate Mokibe declined to recuse herself as she said that she could not avoid seeing or being seen by Basupi who had come to the court offices for business.