Court discharges Sekai

Sekai has been battling charges of assault and causing grievous bodily harm during flogging incidents that happened in Kgatleng in 2010. He was initially charged with 27 fellow tribesmen who were later discharged following reconciliation between with the complainants. However, the state declined to drop his charges despite the complainant agreeing to forgive him, which forced him to apply to the court for the charges to be dropped. 

When delivering the ruling yesterday, Magistrate Mokwadi Gabanagae dismissed the prosecutor’s point in limine that the application by Sekai is misconceived and incompetent; that it does not meet Section 321 of the Criminal Procedure and Evidence Act, which states that the court does not have powers to promote reconciliation and that the charges of assault and grievous bodily harm which the Sekai is facing cannot be subject of reconciliation because they are treated as aggravated degree.