By: LITEBOHO LETLATSA
In commemoration of International Women’s Day, the She-Hive Association hosted a discussion themed ‘The Law on Bail: The Balancing between Criminal Justice and Protection from Gender-Based Violence’ at the Lesotho State Library’s American Corner. The aim was to have a discussion and debate that would provide a basis for advocating for legal reform, particularly with regard to the use of bail in cases of gender-based violence (GBV).
Adv. Mamosebi Pholo a patron of She-Hive, who has also worked as a prosecutor for 15 years, highlighted the significance of law reform to include bail in the constitution. She declared that when it comes to bail, the court has immense power. “We propose that people charged with domestic violence no longer be eligible for bail before appearing in court,” she indicated. She went on to say that they believe it is prudent that during the accused’s bail application, the court considers the complainant’s views, whether they agree to bail or not, and if not, on what grounds. She further added that the court must strike a balance between the interests of the victim and the perpetrator.
Adv. Pholo, stated that gender-based violence is a vast topic and that as an organization, She-Hive has decided to focus on what they called domestic violence within gender-based violence. This, she said, was the case since She-Hive was founded by women who had both experienced and survived domestic violence. When it comes to protecting victims’ rights, particularly those of women and girls, she claimed that very little, if anything, was being done. The patron proceeded, citing reports that GBV is the most common criminal offense in Lesotho.
Speaking at the session, Dr. Mosiuoa Ramakoele, GBV Liaison Officer from the Ministry of Gender, revealed that as of March 16, 2023, there were 1848 prisoners at Lesotho Correctional Services, 1658 of whom are men, and 65% of those men are charged with sexual offenses. He continued by expressing concern that as per a 2021 report, 47% of women were killed by men who claimed to love them. Dr. Ramakoele made clear that it seems men need to seek assistance because there is a gap in the programmatic intervention as to whether they understand sex should be done with consent or if it is something they feel entitled to as men. He outlined that GBV is caused by power imbalance; men do not hit women because they are crazy, but because they are powerless.
On the other hand, the Director of Public Prosecutions (DPP), Adv. Hlalefang Motinyane, says that bail is not a trial. “A trial principle within Lesotho’s criminal justice system is the presumption of innocence, which states that unless a competent court of law declares otherwise, a person criminally charged is presumed innocent,” she explained. The DPP further explained that bail is complicated because the circumstances of each case differ; this means that bail cannot be approached in the same way every time because even people differ. She specified that the person’s reasonability is considered, among other things.
The DPP said that Section 109 of the Criminal Process and Evidence Act, which kept the burden of proof on the accused to convince the courts that granting bail would not jeopardize the interests of justice, was added to the law in 2002. As per her explanation, several factors, including the defendant’s reputation and whether the accused will pose a threat to the victim, are taken into account when granting bail. Whether the accused is a flight risk, which the DPP stated they find out through the police who will report if the accused fled the crime scene after the incident. She also added that another requirement is the evidence, which in this situation must be a witness.
The DPP highlighted the outdated nature of Lesotho law and that it was past time for all parties involved, including parliamentarians, key players in the law, and all stakeholders, to be included in the dialogue.
SHE-HIVE calls for law reform on bail
By: LITEBOHO LETLATSA
In commemoration of International Women’s Day, the She-Hive Association hosted a discussion themed ‘The Law on Bail: The Balancing between Criminal Justice and Protection from Gender-Based Violence’ at the Lesotho State Library’s American Corner. The aim was to have a discussion and debate that would provide a basis for advocating for legal reform, particularly with regard to the use of bail in cases of gender-based violence (GBV).
Adv. Mamosebi Pholo a patron of She-Hive, who has also worked as a prosecutor for 15 years, highlighted the significance of law reform to include bail in the constitution. She declared that when it comes to bail, the court has immense power. “We propose that people charged with domestic violence no longer be eligible for bail before appearing in court,” she indicated. She went on to say that they believe it is prudent that during the accused’s bail application, the court considers the complainant’s views, whether they agree to bail or not, and if not, on what grounds. She further added that the court must strike a balance between the interests of the victim and the perpetrator.
Adv. Pholo, stated that gender-based violence is a vast topic and that as an organization, She-Hive has decided to focus on what they called domestic violence within gender-based violence. This, she said, was the case since She-Hive was founded by women who had both experienced and survived domestic violence. When it comes to protecting victims’ rights, particularly those of women and girls, she claimed that very little, if anything, was being done. The patron proceeded, citing reports that GBV is the most common criminal offense in Lesotho.
Speaking at the session, Dr. Mosiuoa Ramakoele, GBV Liaison Officer from the Ministry of Gender, revealed that as of March 16, 2023, there were 1848 prisoners at Lesotho Correctional Services, 1658 of whom are men, and 65% of those men are charged with sexual offenses. He continued by expressing concern that as per a 2021 report, 47% of women were killed by men who claimed to love them. Dr. Ramakoele made clear that it seems men need to seek assistance because there is a gap in the programmatic intervention as to whether they understand sex should be done with consent or if it is something they feel entitled to as men. He outlined that GBV is caused by power imbalance; men do not hit women because they are crazy, but because they are powerless.
On the other hand, the Director of Public Prosecutions (DPP), Adv. Hlalefang Motinyane, says that bail is not a trial. “A trial principle within Lesotho’s criminal justice system is the presumption of innocence, which states that unless a competent court of law declares otherwise, a person criminally charged is presumed innocent,” she explained. The DPP further explained that bail is complicated because the circumstances of each case differ; this means that bail cannot be approached in the same way every time because even people differ. She specified that the person’s reasonability is considered, among other things.
The DPP said that Section 109 of the Criminal Process and Evidence Act, which kept the burden of proof on the accused to convince the courts that granting bail would not jeopardize the interests of justice, was added to the law in 2002. As per her explanation, several factors, including the defendant’s reputation and whether the accused will pose a threat to the victim, are taken into account when granting bail. Whether the accused is a flight risk, which the DPP stated they find out through the police who will report if the accused fled the crime scene after the incident. She also added that another requirement is the evidence, which in this situation must be a witness.
The DPP highlighted the outdated nature of Lesotho law and that it was past time for all parties involved, including parliamentarians, key players in the law, and all stakeholders, to be included in the dialogue.
