Gaborone - Traditional leaders of Kgatleng tribe in Botswana have come under fire following the flogging of suspects at the kgotla (customary courts). The tribe's spokesperson, Chief Bana Sekai said the Bakgatla traditional leaders were meting out corporal punishment because the tribesmen had welcomed the move when their Paramount Chief, Kgafela Kgafela was installed last year.
"It is part of our tradition and Bakgatla tribe said during the coronation of their Paramount Chief that corporal punishment should be administered to restore law and order in the Bakgatla District ," he said.
However, Attorney General Dr Athalia Molokomme said the government was concerned about recent reports that suspects were being flogged before they could be found guilty by courts.
"The Commissioner of Police has brought my attention to the fact that they are investigating a number of cases that have been reported to them relating to flogging of persons and that they are ready to hand over two dockets to the Directorate of Public Prosecution to consider whether charges should be laid against the suspects," she said.
Molokomme said there was no person, group or tribe that was above the law. "Customary law in Botswana is defined subject to consistency with written law thus no belief, custom, tribal practice or customary law is superior to the written law. In other words in some instances where there might be a conflict, the written law takes precedence," she said.
Molokomme assured the victims of the alleged floggings that they have the full protection of the law and should not hesitate to report offenders or be intimidated from cooperating with the police and other legally sanctioned law enforcement agencies to ensure compliance with the law.
"The flogging or canning of people without their consent, outside the foregoing legal framework is illegal and offenders can be charged with criminal offences as well as being sued in civil proceedings," she said.
