Bakgatla royal family member Kgosi Bana Sekai is still battling with the State over illegal flogging and is now accusing the latter of what he called selective justice and unfair treatment.
He is charged with assault occasioning bodily harm.
Kgosi Bana Sekai was charged alongside Kgosi Kgafela, Mmusi Kgafela and 14 tribesmen in 2009 for illegal floggings of some community members in Mochudi in 2009.
Sekai’s lawyer Nelson Ramaotwana said the Directorate of Public Prosecution (DPP) is abusing its power by deciding to change and withhold the consent for reconciliation between Kgosi Sekai and his complainant. Some applicants in the case are reported to have reconciled with some of the accused persons.
Ramaotwaana said to use arbitrary powers is not allowed adding that it is unconstitutional to allow for reconciliation with others and refuse when it comes to Kgosi Sekai.
He said the state has thwarted efforts by Sekai and some applicants to reconcile. According to Ramaotwana, the State claims that they made an error to allow for reconciliation because the offense committed by Sekai and other accused person is aggravating in nature.
“The complainant were willing to settle but the issue was the high amount of fees demanded by some of the complainant which amounted to close to P1 million,” said Ramaotwana.
He said some tribesman like Mmusi Kgafela and others were allowed to reconcile with the complainants but the state chose to abuse their powers and deny Sekai such a privilege.
He said DPP boss decision is reviewable and asked the court to review his decision and allow for reconciliation of Kgosi Sekai and the complainants.
“The matter was just about to conclude on the 31st May 2016 and the Director of Prosecution never, said no it was an error let stop reconciliation. He never said the matter is aggravated in nature, ”said Ramaotwaana.
‘He added that “The matter is not even aggravating in nature because it does not fall in category of murder, Rape and Theft which carries a minimum and maximum sentences therefore should not be regarded as a serious offence in nature.”
State Prosecutor, Wasson Manchwe of DPP said the Director of Public Prosecution has the power to stop or refuse reconciliation and allow for any charges against the accused and prayed for the court to prosecute Sekai to face a jail term and not reconciliation.
Magistrate, Christopher Gabanagae is expected to make a ruling on 28th April.
