The particulars of the offence are that the minor, together with two adult co-accused persons Therisanyo Mmemo, Kgomotso Phillip, are alleged to have unlawfully killed one Omphile Mofaladi at White City, Francistown, on or about March 29, 2025. In his ruling, Magetse said granting the child bail does not mark a departure from the law, but rather a deliberate and faithful application of a child protection-driven spirit. He further said the spirit affirms the centrality of the best interests of the child as the guiding principle in all matters, not only where children are complainants, but equally where children are in conflict with the law. Foregoing the above, the child in conflict with the law was granted bail pending committal to the high court per the last court session’s conditions, he added. Earlier on, Magetse said it is customary that, upon being remanded in custody, an accused person is committed to a prison facility situated within reasonable proximity to the court. "This proximity affords the accused the benefit of remaining within reach of familial support, familiar surroundings, and the broader framework of community life; elements which, though often overlooked, constitute an integral part of both rehabilitation and emotional stability during the pendency of criminal proceedings", he added. However, Magetse said when the accused is a “child in conflict with the law”, as is the case in the instant, the narrative departs significantly from the above-noted norm.
“The instant case brings into sharp focus the infrastructural and systemic deficiencies that persist within our children in conflict with the law justice system deficiencies which, though long-standing, demand renewed national introspection as the number of minors entering the criminal justice system continues to rise,” he added. He added that it is fitting to commence the ruling by drawing a measured yet vivid portrait of the path of the instant child in conflict with the law. Magetse also said the accused has thus far been compelled to travel; a journey which starkly reveals the lived reality of minors navigating a child justice system that remains ill-equipped and insufficiently adapted to the distinct and delicate needs of children in conflict with the law. He indicated that it is deeply concerning that no police holding cells exist specifically for children in conflict with the law, for a justice system that proudly proclaims the best interests of the child. As a result, Magetse stated that when a child in conflict with the law is arrested, as occurred in the present matter, there is a significant risk that he will be detained alongside adult offenders during the statutory 48-hour period preceding his initial court appearance.
