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-- THE ARCHIVE --


BOTSWANA
Judicial CP - April 2013



Corpun file 24444 at www.corpun.com

masthead

The Voice, Francistown, 26 April 2013

Traditional justice stings woman

The law is an ass

The alleged offence: disrespecting her aunt. Her punishment, five lashes of the whip on her bare buttocks.


IGNORANT: Kgosi Meno

The alleged offence: disrespecting her aunt. Her punishment, five lashes of the whip on her bare buttocks.

Still raw from the taste of traditional justice, Omatla Makuku, 24, this week narrated the harrowing experience of being beaten at the Maun Customary Court.

Humiliated by those who forced her to strip in front of four male cops and four female ones, the mother of two did not hesitate to lift her skirt to reveal several deep cuts to this reporter.

Makuku's ordeal started with the eruption of an argument between her elder sister, Kelly Makuku, 31 and her aunt Dithata Makuku, 49 at their home in Riverside ward in Maun.

"As the argument got heated I heard my aunt mention my late mother's name so I interjected and asked her to let my mother rest in peace. Instead she said we are going to die poor like our mother."


NOT PLEASED: Kesupetswe

Police were called and the matter was resolved but to her shock and horror on Monday special constables stormed into her house brandishing a customary court order for her to appear at the kgotla.

A quick hearing at the Maun customary court in which the ward headman Kgosi Meno kept calling her 'child' and minutes later Omaatla was stripped down for the whipping by a male officer.

All I can remember after that is waking up from the floor with my white skirt soaked in blood because I was so terrified that I blacked out immediately," she said sobbing.

Asked to comment on the events Omaatla's aunt's curt reply was. "I don't want my name to be tarnished in newspapers, go and ask the Chief."

District N05 Officer Commanding Senior Superintendent Chabaesele Kesupetswe said that it is unlawful to lash someone without proper court proceedings and it was also unlawful to lash a woman.


WHIPPED: Makuku

"This is a very sad and unfortunate case because it is clearly written in our laws that a woman cannot be sentenced to corporal punishment," said the police boss.

Meanwhile Kgosi Meno who ordered the whipping said he was not aware that it was unlawful to whip women.

He also expressed regret at not taking time to hear both sides of the story before passing his ruling.

"Next time I will simply refuse to oblige those who ask me to administer corporal punishment on their children because it has turned out that this woman lied that Omaatla was her child anyhow."


Click to enlarge

Section 28, sub section 3 of the penal code of laws of Botswana: No corporal punishment shall be passed upon any of the following person(s)

  1. Female
  2. Male sentenced to  death
  3. Male whom the court consider to be more than 40 years.

Copyright © 2013 The Voice. All rights reserved.




Corpun file 24443 at www.corpun.com

masthead

The Voice, Francistown, 26 April 2013

Anal sores save man from the rod

By Kenosi Daniel


LUCKY: Itumeleng Nthuru

Had it not been for sores in his anus, Itumeleng Nthuru could be reeling in pain from the cane right now.

Nthuru, a Director at Dot-ZA Architecture Company was convicted of an assault common charge on Monday and sentenced to two strokes of the cane.

The 32-year-old man however was spared the rod after he convinced the Old Naledi Customary court president to change the corporal punishment sentence to a P100 fine.

Pleading for mercy Nthuru said: "I have sores in my anus and I don't think it will be ideal for me to be lashed. Kgosi you have to be considerate of my health,"

The Old Naledi Customary court president Charles Koitsiwe then ordered that Nthuru be taken for medical tests which proved that he was fit to be lashed despite his sores.


Click to enlarge

Koitsiwe however took pity on the man and changed the whipping sentence to a fine after he had vigorously argued that the doctor who examined him ignored his anus.

Quizzed on the sidelines of the court case about what could have led him to slap his colleague across the face Nthuru said: "I slapped the receptionist because she was undermining me.

It was just a minor argument but she just wanted to go beyond her line so I ended up teaching a lesson like any other person would do in such a scenario."

Copyright © 2013 The Voice. All rights reserved.




Corpun file 24442 at www.corpun.com

masthead

The Voice, Francistown, 26 April 2013


WHIPPED: Caiphus Moyo

Whipped men reduced to tears

Big boys don't cry, right? Wrong! at Old Naledi customary court in Gaborone they sob like babies.

Caiphus Moyo (32) and Blessed Mabondeni (36) unashamedly shed tears in public early this week when they got five lashes of the cane each for an 'intent to commit crime' conviction.

The unemployed Zimbabweans were nabbed by G-West police officers early this month at the Gaborone bus rank in possession of a iron bar suspected to be a tool they intended to use to break into cars.

They both pleaded guilty to the charge.

"Gentlemen you can either be sent to jail for committing this crime but I shall however be lenient and order that each of you receive five strokes on bare buttocks and hope that you won't be caught on the wrong side of the law next time," said Old Naledi customary court President Charles Koitsiwe.


LASHED: Blessed Mabondeni

Weeping like damsels in distress Moyo told The Voice in between sniffles that he found the law in Botswana brutal.

"This is not fair at all. How can I be whipped just because I was caught holding a simple metal rod.

Some people carry weapons and just because I am a Zimbabwean the law found it fit to humiliate me like this.

God is the one to judge and he knows that we did not intend to commit any crime as they claim," he said wiping away his tears.


PAIN IN THE BUTT: Moyo

For his part Mabondeni said he had no clue why he was lashed.

"I guess my sin was to be found with Moyo who was. They searched me and found nothing.

The metal rod was in Moyo's pocket, so I was basically lashed for nothing," he complained.

Reminded that he was convicted on his guilty plea Mabondeni said: "I just wanted to save my time and energy."


Click to enlarge

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