Prisoner sentence reduced by 12 days
Thursday, February 13, 2014
Justice Monametsi Gaongalelwe said although the period involved was only 12 days, it is a golden opportunity and not a triviality for a prisoner to get such credit. “The appeal against sentence accordingly succeeds to the extent that there shall be deducted 12 days from his prison sentence,” he said when delivering the judgement in a three-man bench that also consisted of Judge President Ian Kirby and Lord Arthur Hamilton.
Gaongalelwe said a refusal of the argument by the High Court judge in the circumstances amounted to confirming a prison sentence which was clearly wrong as no grounds had been given by the trial magistrate for not backdating the sentence.
While it is widely acknowledged that Khama holds the title of Kgosi, the government’s failure to properly gazette his recognition has raised serious concerns about adherence to legal procedures and the credibility of traditional leadership. (See a story elsewhere in this newspaper.) Recent court documents by the Minister for Local Government and Rural Development, Kgotla Autlwetse, shed light on the intricacies of Khama’s recognition process....