Citing security reasons, Gaborone Regional Magistrate, Barnabas Nyamazabo, today quashed the Bakgatla royals’ application for their case to be transferred to Mochudi, saying it could jeopardise the proceedings.
Defence lawyers, Unity Dow and Banyatsi Mmekwa, representing Kgosi Kgafela and his younger brother, Mmusi Kgafela, and other tribesmen, are accused of unlawful floggings and malicious damage to the Mascom tower, respectively.
The lawyers wanted their clients’ cases to be transferred to Mochudi, arguing the cases occurred in Mochudi and, as such, the state would be extending the cases to the appropriate audience.
However, Nyamadzabo said there is a shortage of security personnel in Mochusi, a fear earlier expressed by prosecution.
“It is against this backdrop that I agree with state that it would be impractical to transfer the case to Mochudi,” declared Nyamadzabo.
Besides, the principal magistrate said it would become cumbersome to dabble in administration duties with travels to Mochudi to execute the judicial proceedings.
As in previous appearances Bakgatla had thronged the Village court in great numbers to give solidarity to their Kgosi.
Prosecution has already prayed the court to make a conditional bail for the accused.
The reason, says the prosecution, is that floggings continue unabated.
Nyamadzabo is expected to give the ruling next week.