the monitor

Court halts rape case over 11-year delay

Francistown High Court PIC: MORERI SEJAKGOMO
Francistown High Court PIC: MORERI SEJAKGOMO

The Francistown High Court has permanently halted the prosecution of a man accused of rape after finding that the state had violated his constitutional right to be tried within a reasonable time.

Delivering judgment recently, Justice Masilo Mathaka ruled that the 11-year delay in bringing Kabelo Kingsly Thadia to trial was unjustified and prejudicial, saying it amounted to a violation of the fair trial guarantees enshrined in Section 10(11) of the Constitution of Botswana.

The accused, charged with rape, was alleged to have committed the offence in December 2012. However, he only made his first appearance before the Mahalapye Magistrate’s Court on March 14, 2023, which was more than a decade later.

Editor's Comment
Human rights are sacred

It highlights the need to protect rights such as access to clean water, education, healthcare and freedom of expression.President Duma Boko, rightly honours past interventions from securing a dignified burial for Gaoberekwe Pitseng in the CKGR to promoting linguistic inclusion. Yet, they also expose a critical truth, that a nation cannot sustainably protect its people through ad hoc acts of compassion alone.It is time for both government and the...

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