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Bail after bail: Readers speak out

Due process: Readers say the presumption of innocence is being abused
A period of escalating violent crime is once again raising questions about the need to review the country’s laws. Much of the publicised crime is being committed by criminals already out on bail for separate but similar offences, as highlighted this week by the re-arrest of a 19-year-old double murder suspect. Mmegi publishes selected reader comments on the matter

Keboh Motjhibamele: The default position is that court’s ought to grant bail. It is usual for the prosecutors to convince the court that it would defeat the ends of justice if he were to be granted bail. Evidently it would be the police and prosecution failing to convince the court, and not the courts failing to protect the public. You see, judicial officers are not prophets. They can’t know what happened if it’s not presented to them. Lastly, we shouldn’t forget that those people are not guilty and shouldn’t be punished before their trials.

Lovie La Rose Chibu: I still don’t understand why they give these idiots bail...they are very dangerous to the community. Nna goriana monyana wa neighbour sale a ya toronkong ka gore o utsweditse makula P5,000 o na le sixmonths ga ba a mo neela bail...yet dilalome are roaming the streets.

Oteng Pericoħ Tampa: I really don’t get this bail thing. O fitlhela legodu la dinamuni le dikoko le latlhelwa straight away in prison no bail or anything. Fa ele ba ba kgaolang batho ditlhogo ba ba hula they are rewarded with bail gore ba ye go bolaya more even worse case e tshololwa gotwe bosupi ga bo enough. It’s like technically only when you commit a very serious crime you immediately qualify to be granted bail.. ga ke itse gore courts di sireletsa mang sentle sentle gone fa.

Adv Bokani-Amanda Chite: The right to grant bail is a constitutional right based on a rationale that one is presumed innocent until proven guilty and the power to grant or not to grant bail is vested in the exercise of judicial discretion. Therefore, an accused person who is held in custody pending trial may be released on such conditions as the Court thinks fit. Bail is an entitlement! It’s just unfortunate that some accused persons tend to commit offences whilst on bail.

Kagande Job Lado: The law and presiding officers are letting the police down by letting loose people suspected of serious offences like murder. Can we keep them for sometime or at least speed up the prosecution so that if guilty then they can be locked behind bars once and for all?

Moeng Mosarwa: I think the judiciary should prioritise on these cases of killings, they should be given first priority and dealt with immediately after the prosecution have submitted their dockets. This bail thing e dira batho to go back to their dirty deals kana they don’t have hope jaanong ba dira fok fok mose I’m already guilty with the first offense, a batshware and bosekise bo bereke 24/7.

Joseph Omphile: I’m not opposed to bail, but if you are on bail and you commit an offence the same as the one you are waiting trial for, then you must be denied bail. I know one is innocent until proven guilty, but sometimes suspects tend to give up on themselves and say well they are going to hang me anyway whether I have committed one murder or ten murders it makes no difference.


Alec Paledi: I honestly do not think our laws on bail are tight enough. We get so many incidents of people getting caught, brought before the justice system and get bail. Whilst it’s everyone’s right to have bail, on issues of threat to kill, rape and murder special process must be put in place.  Special court for “special” people. That’s the only way. Just imagine the IO doing a detailed job investigating and piecing information so that an alleged perpetrator sees justice. While the IO are investigating he/she/they use resources just to prove beyond reasonable doubt. Resources which can be used on other projects. Only for the alleged suspect to be granted bail. Sickening. These individuals know one thing nowadays and it's giving them confidence. They know they are above the law.  Government. Time to balance the scales. Show them they are not above the law and stick to your guns.

Kuda Christmas: The problem on this issues sometimes is not from the law enforcers; it comes back to us as a nation. Just like one once said Batswana we forget easily. We will be querying today about murderers and when law enforcers carry on with their duties by sentencing murderers with death penalty, we then complain and point fingers back to the government saying it’s a heartless government. We forget we are the ones who asked for that. But in my view murderers don’t deserve BAIL. Not at all.

Tate Motlhaleemang Moalosi: The real issue is not bail. The delay in taking cases to court is our major undoing. We can’t have people waiting for 3 or 4 years to have their cases heard and expect them to be remanded for that long. The state should speed up the justice process.

Olebile Molefi: I think the solution is to have special courts for serious crimes to facilitate timely execution of those cases especially where material evidence is available for the case to go to trial immediately.

Lovejoy Manatsha Molathwa: I think this bail thing should be revisited. When I grew up I used to hear gore ha tau e bolaile motho it's more deadly. Now it brings to me that batho ba ba bolaileng le bone are like lions. They have lion hearts; everything to them is simple.

Tshepo Keams Kathiana: I blame the people who are making laws and human rights. Trust me this will only change after the bailed culprit kills the close relative of those who makes the law.

Pelaelo Ndiye: As much as bail is Constitutional, there should be a way they can protect victims against these perpetrators, we not safe at all. Um Asher: The problem isn’t the legal system; ke gore di tronko di tletse. Nowadays stealing is recognised as a profession to survive…bail ke tsela ngwe ya go fokotsa mosuke ko tronkong.

Otsile Modisaotsile: Our government e dirile bail business, their source of income.. But this people always commit the same offence they were in bail for.. surely he will be given bail again to take innocent lives.

Opinion & Analysis



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