Mob justice victim was a recidivist – Police
By Dave Baaitse
Mogoditshane Police Station Commander Zacharia Tshenyego confirmed that the late Thabo Olatlheng who was killed in a controversial mob justice incident this week was a seasoned criminal.
Responding to questions from WeekendPost, Tshenyego said their records show two ‘serious’ break- in and robbery cases registered under his name while other unconfirmed cases are registered with different police stations. Earlier this week 24 year old Lotlhakane-West born Thabo Olatlheng was killed in Senthumole Ward in Mogoditshane by residents who were tracking him down after a car break in that night. According to Tshenyego, it looks like the deceased had the habit of breaking in cars and that angered the residents.
Olatlheng was a resident of Mogoditshane and Naledi and was serving bail for different offences at the time of his demise. It is also alleged that he was on a bail of a murder, a case police in Mogoditshane could not prove at the time of going to press. “I cannot say he was a criminal but there are cases registered under his name. He was still innocent until proven guilty by the courts of law”, said Tshenyego. However Tshenyego also confirmed that in both two accounts, the perpetrator used violence in his victims something that shows that he was dangerous.
The Acting Station Commander said at the time no arrests have been made because information is not coming forthwith, however they are conducting a lot of interviews. “It is not easy to identify victims unless some people can volunteer information or one of the relatives was there but we are continuing our investigations,” he said.
Prominent Lawyers offered their views on Mob Justice via social media
Those who have blood on their hands must face the full might of the law. Mob (in) justice has no place in a democratic society just as any crime. Yes, when one is under attack they can act in self defence and their conduct must reasonably be aimed at overcoming the threat. Anything beyond that is a crime for which consequences must follow.
I genuinely believed we were past that stage in our national development where we could argue on whether mob justice constitutes acceptable societal intervention against crime. The current debate does not only speak to the extent to which we have been brutalized by crime as a society but also to the extent to which we have lost faith in the law enforcement machinery and the justice system.
It is symptomatic of a damaged societal psyche that needs to be corrected through deliberate community and state led intervention programs that can make us feel safe in our homes. We need to address the crime situation before some among us say, as Edward Aden Tswaipe correctly remarked, that we rape the sisters of those who rape our sisters. Our reasoning as a society has degenerated to that level.
First of all, there is no such thing as mob justice. A mob is not capable of meting out justice (fairness). Mob justice is the law of the jungle which has no place in a civilized society. A civilized society adheres to the rule of law, justice by law and due process. Mob justice is simply barbaric. I hear people arguing that condemning mob justice means we tolerate what the murdered person is alleged to have done. No. Far from it. I am against taking the law into your own hands. I am against you being the complainant, prosecutor, judge and executioner. Until proved guilty, the man is only a suspect. Why not allow the law to take its course?
I perfectly understand that people are sometimes frustrated by law enforcement and justice system. Mob justice is not, however, the answer to that frustration. When you believe in mob justice: when do we follow mob justice and when do we follow due process?
How many of us, or those who participated in dispensing with the “justice”, have any evidence of what he is alleged to have done? Now, even assuming that he stole, and that mob justice is acceptable, is murder an appropriate punishment for theft, or whatever he is alleged to have done?
I am watching the debate on lynching of thieves from a safe distance. I am not going to take part in the debate but I have a view, a very strong one for that matter. My view is informed by my experience both as a Lawyer and a victim of crime, not once, not twice. The day these thugs invade your private space (bedroom) in the dead of the night while you are sleeping and brazenly beat the hell out of you in front of your children, you will forget sekgoanyana sekgoanyana se o tholang o se choma ko court le mo FB.
Sometime on or around October 2018, a mob of about 10 young boys attacked me in my car, smashed windows and robbed me of my valuables at knife and gun point. It was the most traumatic experience I have ever had and do not wish it upon anybody. They robbed me of a new S8 or whatever it is was, valued at about 16k, ipad valued at about 12k and an iphone valued at 9k. I had to replace my window and programme the motors at an unGodly amount.
In December 2013, the thugs got into my bedroom and stole huge sums of money, proceeds of motshelo. Following the massive security breach at my residence, we had to put in place massive security upgrades at an exorbitant cost. We literally had to turn the house into a fortress. No arrests were made in both instances.
Immediately after the armed robbery, I was instructed on a matter in which client wanted representation in a case in which he Robbed and murdered someone in Mmopane for his sumsung Mobile phone. The matter was coming up for trial and I told him and his parents in clear and unequivocal terms, that I was a victim of a similar armed robbery a few days back and I shall not take their brief.
You may like
The curtain came down at the PAP session with pomp and FUNFAIR
It was pomp and funfair at the Pan-African Parliament (PAP) on March 18 as the African Cultural Music and Dance Association (ACUMDA) brought the curtains down on the PAP session with a musical performance.
The occasion was the celebration of the Pan-African Parliament Day (PAP Day) which commemorated the inauguration of the first Parliament of the PAP on 18 March 2004 at the African Union Headquarters in Addis Ababa, Ethiopia.
The celebrations took place at the seat of the Parliament in Midrand to “reflect on the journey” as the institution turns 19. The event sought to retrace the origin and context of the establishment of the PAP.
The celebrations included musical performances by ACUMDA and a presentation by Prof. Motshekga Mathole of the Kara Heritage Institute on “Whither Pan-Africanism, African Culture, and Heritage.”
The PAP Day was officially launched in 2021 to educate citizens about the Continental Parliament and ignite conversations about its future in line with its mandate.
The establishment of the PAP among the AU organs signalled a historical milestone and the most important development in the strengthening of the AU institutional architecture. It laid solid groundwork for democratic governance and oversight within the African Union system and provided a formal “platform for the peoples of Africa to get involved in discussions and decision-making on issues affecting the continent.”
The genesis of the PAP can be legally traced back to 1991 with the adoption of the Treaty Establishing the African Economic Community, adopted on June 3, 1991, in Abuja (also known as the Abuja Treaty). This treaty defined the pillars and grounds for realizing economic development and integration in Africa and called for the creation of a continental parliament, among a set of other organs, as tools for the realization of African integration and economic development. This call was reemphasized in the Sirte Declaration of 1999, which called for the accelerated implementation of the provisions of the Abuja Treaty.
PAP celebrated its ten years of existence in March 2014, a year which coincided with the adoption, on June 27, 2014, in Malabo, Equatorial Guinea, of the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (PAP Malabo Protocol), which, once in force, will transform the PAP into a legislative body of the AU. It requires a minimum of 28 countries to ratify it before it comes into force.
Therefore, the commemoration of PAP Day serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 19 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The celebrations of PAP Day coincided with the closing ceremony of the sitting of the PAP Permanent Committees and other organs. The Sitting took place in Midrand, South Africa under the AU theme for 2023, “Accelerating the implementation of African Continental Free Trade Area (AfCFTA)” from 6 to 17 March 2023.
PAP President, H.E. Chief Fortune Charumbira, expressed appreciation to members for their commitment during the two-week engagement.
“We have come to the end of our program, and it is appropriate that we end on a high note with the PAP Day celebrations.
“We will, upon your return to your respective countries, ensure that the work achieved over the past two weeks is transmitted to the national level for the benefit of our citizens,” concluded H.E. Chief Charumbira.
PAP needs to priorities land issues-Prof Mathole
Prof Motshekga Mathole of the Kara Heritage Institute has advised the Pan-African Parliament (PAP) to prioritise the land issue in the continent if they are to remain relevant.
He said this while addressing the Plenary during the commemoration of PAP Day held at the PAP Chambers in Midrand, South Africa
The PAP Day was officially launched in 2021 to commemorate the inauguration of the first Parliament on 18 March 2004 in Addis Ababa, Ethiopia. Intended as a platform for people of all African states to be involved in discussions and decision-making on problems and challenges facing the continent.
In a speech titled “Whither Pan-Africanism, African Culture, and Heritage,” Prof Mathole stated that for PAP to remain relevant, it must address the continent’s key land dilemma, which he feels is the core cause of all problems plaguing the continent
“If this Parliament is to be taken seriously, ownership of land and natural resources must be prioritized at the national and continental levels. Africans are not poor; they are impoverished by imperialist nations that continue to hold African land and natural resources,” said Prof Mathole.
“When African leaders took power from colonialists, they had to cope with poverty, unemployment, and other issues, but they ignored land issues. That is why Africa as a whole is poor today. Because our land and minerals are still in the hands of colonizers, Africa must rely on Ukraine for food and Europe for medical.”
Prof Mathole believes that the organization of the masses is critical as cultural revolution is the only solution to Africa’s most problems.
“We need a cultural revolution for Africa, and that revolution can only occur if the masses and people are organized. First, we need a council of African monarchs since they are the keepers of African arts, culture, and heritage. We need an African traditional health practitioners council because there is no ailment on the planet that cannot be healed by Africans; the only problem is that Africans do not harvest and process their own herbs,” he said.
Meanwhile, PAP President, H.E. Hon Chief Fortune Charumbira expressed satisfaction with the commitment displayed throughout the two-week period and said the PAP Day celebrations were befitting curtains down to the august event.
“On this high note of our two-week engagement, it is appropriate that we close our program on a high note with PAP celebrations, and I would like to thank everyone for your commitment, and please continue to be committed,” said H.E Hon Chief Charumbira.
PAP’s purpose as set out in Article 17 of the African Union Constitutive Act, is “to ensure the full participation of African people in the development and economic integration of the continent”. As it stands, the mandate of the Parliament extends to consultation and playing an advisory and oversight role for all AU organs pending the ratification protocol.
Also known as the Malabo Protocol, the Protocol to the consultative act of the AU relating to the PAP was adopted at the Assembly of Heads of State and Government summit in June 2014 and is intended to extend the powers of the PAP into a fully-fledged legislative organ. It requires a minimum of 28 countries to ratify it before it comes into force.
The commemoration of the PAP Day, therefore, serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 17 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The PAP Day commemoration also aims to educate citizens about the PAP and ignite conversations about the future of the continental Parliament in line with its mandate.
DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”
Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”