No justice in customary courts - Parliamentarian

No Image

The Customary Court system is flawed and has resulted in many people jailed for crimes they did not commit, the MP for Mahalapye East, Botlogile Tshireletso has said.

The legislator told Parliament on Friday that suspects at Customary Courts are not afforded fair trials and there is plenty of intimidation of defendants. She was commenting on a motion by MP for Tonota South, Pono Moatlhodi who requested government to amend the laws governing stock theft. Moatlhodi said the amendment will ensure that there is no legal representation for persons accused of stock theft and all the suspects will be tried only in Customary Courts. He called for a referendum on the issue.  He said stock thieves are very clever and take advantage of illiterate cattle farmers. He said that magistrates' courts are slow and always acquit thieves.

However, Tshireletso proposed that the way forward is to allow lawyers to appear for suspects in Customary Courts.  She stated that old men who always sit at the Kgotla take part in trials and cause instability in the system to the extent that a suspect can be whipped before trial. She added that even in paternity disputes, young men are forced into being fathers of children that are not theirs because of intimidation at the Customary Courts. She did not support the motion. 

Editor's Comment
Closure as pain lingers

March 28 will go down as a day that Batswana will never forget because of the accident that occurred near Mmamatlakala in Limpopo, South Africa. The tragedy affected not only the grieving families but the nation at large. Batswana throughout the process stood behind the grieving families and the governments of Botswana and South Africa need much more than a pat on the back.Last Saturday was a day when family members said their last goodbyes to...

Have a Story? Send Us a tip
arrow up