Kgafela apologises to magistrate

NELSON DIRENG
Correspondent | Thursday November 24, 2011 00:00

 

He made the assurance yesterday after Magistrate Nyamadzabo recused himself from hearing a case in which the Bakgatla sovereign, his younger brother Mmusi, Bana Sekai and 11 other Bakgatla tribesmen, are charged with unlawfully assaulting and occasioning actual bodily harm on some residents of Mochudi in 2009.

Immediately after the Regional Magistrate recused himself, Kgafela asked him for forgiveness concerning some unpalatable utterances he had made against him earlier - explaining that they have a big war - which at times blurs their judgment. Kgafela said his intention was not to demean or upset the Regional Magistrate.

At an August 15 mention of the matter, Kgafela had requested Nyamadzabo to recuse himself from their case.

He had stated that he suspected that Nyamadzabo might be biased against him personally and also against customary law in favour of the common law which he (Kgafela), referred to as the colonial law.

Kgafela had also claimed that Nyamadzabo was at war with Bakgatla and himself as he once sent them to jail, 'even before the case had started'. He had also alleged that Nyamadzabo was disrespectful to Bakgatla royalty.

After asking for forgiveness, Kgafela pleaded with the magistrate to ask his successor to take into consideration two important issues concerning the case. 

The first issue he said was that of moving the case to Mochudi in order to bring it closer to the people.

He said that having to come to Gaborone for mention every time was costly. 'We spend between P6,000 and P7,000 just on transport every time we are supposed to come here,' he said adding that the law says that justice should be taken to the people. 

Kgafela said there were thousands of people in Kgatleng who wished to attend the hearing of the case but are unable to do so because of distance.

Secondly, Kgafela asked that the next presiding officer should consider halting the floggings case temporarily to allow their constitutional case, which they have registered with the High Court, to be concluded. He said that having two cases running at the same time burdened them.

In response, Nyamadzabo said he would not commit himself to the issue of changing the venue to Mochudi. He said the major issue with moving the case to Mochudi was security. 'If it is okay security-wise to hold the case in Mochudi then I think I can give a response to your question,' he said.

Concerning stopping the case temporarily, Nyamadzabo said Kgafela should write a letter to him and the Registrar and Master of the High Court stating his case. He said that he (Kgosi Kgafela) should also present his issue to the incoming Magistrate. 'However we usually do not want to keep our cases pending,' he said.

Meanwhile, Nyamadzabo said that the case would be assigned another Magistrate following his recusal.

He said they would reveal the next presiding officer's name to the concerned parties as soon as he or she is identified.

He added that the accused would continue bail until the next mention at a date that would be set by the next Magistrate. 

However, Nyamadzabo said he felt that the case has already dragged on for too long in its initial stages.

He said another magistrate could have long been assigned for the case had an application for his recusal been made earlier.