Customary Court of Appeal to hear 31 cases in F/town

KOPANO OLESITSE
Correspondent | Wednesday February 23, 2011 00:00

 

'We will be listen to 19 civil and 12 criminal cases from Francistown and surrounding areas,' said CCA President, Kgosi Christopher Masunga.

'The CCA presides over appeal cases from January to December. During the months of February and March, we will listen to appeals in Francistown and surrounding areas.

'In April, the CCA will sit in Serowe, in April we will go to Maun and Kasane, while the CCA will sit in Letlhakane in June. After completing these appeals, circle will be repeated until November.'

The CCA reviewed cases in Selebi-Phikwe and Bobonong last month. The mandate of the CCA is to review all criminal and civil cases from lower customary courts, especially those without paramount chiefs, before they go to magistrates or the High Court.

'We also review cases which exceeded a fine of P200 or whose prison terms exceeded six months,' Kgosi Masunga said. 'A customary court can pass sentences of up to 10 years for stocktheft if the presiding officer is a paramount chief.

In terms of the Stock Theft Act, a senior chief is mandated to sentence up to nine years for stock theft, a subordinate chief eight years, while headman is mandated to sentence up to seven years imprisonment for stocktheft.

The Drugs and Substances Act empowers a paramount chief to pass sentences of eight years for illegal possession of drugs and substances or a fine of P8,500, while a senior chief can pass sentences of up to seven years imprisonment for a similar offence or a fine of P8,000.

However, Kgosi Masunga says lower customary courts still face some challenges: 'Common mistakes that usually result in appeals include lack of following procedure, defective charges drafted by the prosecution, and insufficient evidence, especially in criminal cases.

'Another problem is that lower customary courts have limited jurisdictions in both civil and criminal matters, but they often exceed their jurisdictions.

'In order to address these mistakes, there is a need to train them the chiefs and the presiding officers. We also encourage them to follow the penal code because people are charged according to the law.'