The Gaborone Village Magistrate's Court has convicted two South Africans, Mokgadi Eric Matlou and William Mpadi Maphoto of unlawful possession of a firearm and ammunition.
The two had pleaded guilty to the offences. Sentencing for the two will be delivered soon. Matlou, 43, and Maphoto, 29, both residents of Lephalale township in South Africa, were arrested in January this year in Gaborone and Tlokweng respectively. Their arrest followed a shootout between law enforcement officers and six armed suspects believed to be foreign nationals in Block 8 in Gaborone. They were charged with two counts of the above offences being contrary to Section 9(4)(a) of the Arms and Ammunition Act (Cap.24:01 ) of the laws of Botswana. Delivering the summary of facts, Village Chief Magistrate, Daniel Nkau said on January 23, 2023 law enforcement officers attempted to arrest the duo and the other one not before court, the trio having been found together at Block 8 in Gaborone.
The court stated that only Matlou was effectively arrested while Maphoto and the other still on the run evaded arrest but Maphoto was later that day arrested along the Tlokweng/Zeerust road. When searching Maphoto, the law enforcement officers found him in possession of a firearm being a 9mm Star fire pistol and four live rounds of ammunition, being 9mm calibre cartridges. Through further investigations, it was further discovered that the duo knew of the existence of the said firearm and ammunition as they had intended to use it for a common purpose and further that they had no lawful authority to possess them. Nkau stated that in light of the above facts, the prosecution summarily concludes that it is beyond reasonable doubt that both the accused persons were found in possession of a firearm and ammunition. He stated that Matlou was in constructive possession thereof while Maphoto was in actual possession of a firearm and ammunition.
Furthermore, he said the prosecution summarily concludes both the accused persons did not have any lawful authority to justify the possession of the firearm and ammunition, making the said possession unlawful. Naku said the said pistol and ammunition were produced as exhibits before court.
