A local magistrate has released a minor charged with murder on bail, delivering a stinging rebuke to Botswana’s child justice system and its failure to adequately protect young defendants. Magistrate Tshepo Magetse’s ruling shines a harsh light on systemic deficiencies that risk harming children caught in the legal system.
Magetse, presiding in Francistown, emphasized the potential for minors to be held alongside adults, the lack of suitable detention facilities within reach of the court, and the absence of proper educational resources at the country’s sole correctional facility for young boys, Moshupa Boys Prison.
In his ruling, Magetse articulated the customary legal expectation that defendants be held in facilities reasonably close to the court, allowing access to family, community support, and familiar surroundings. These elements, he noted, are crucial for rehabilitation and emotional well-being during legal proceedings.
“However, when the accused is a ‘Child in conflict with the law,’ as is the case in the instant, the narrative departs significantly from the above noted norm,” Magetse stated.
He went on to say that the case highlights long-standing infrastructural and systemic problems within Botswana’s juvenile justice system, “Deficiencies which, though long-standing, demand renewed national introspection as the number of minors entering the criminal justice system continues to rise.”
A key concern raised by Magetse was the absence of dedicated police holding cells for children. He warned of the “significant risk” that arrested minors could be detained with adult offenders during the initial 48-hour period before their court appearance.
“This, since independence of the republic practice, stands in stark contradiction to the protective principles enshrined in our child protection framework and undermines the very standards we purport to uphold,” Magetse asserted.
Furthermore, Magetse pointed out that remanded children are invariably sent to Moshupa Boys Prison, located roughly 300 miles from Francistown. “What ought to serve as a measured and rehabilitative intervention is thus transformed into a prolonged and disorienting journey marked by isolation, emotional disruption, and systemic disconnect,” he said.
In murder cases, where investigations can be lengthy, Magetse highlighted the logistical and legal problems arising from the lack of local facilities for minors. The state is forced to “improvise custodial arrangements with each appearance,” creating instability and potential breaches of child protection obligations, he said.
Magetse made it clear that his decision to grant bail was based on the “structural misalignment between the rising number of children entering the criminal justice system and the static, ill-equipped state of Botswana’s custodial infrastructure.”
“It is my earnest hope that this case will prompt both society and the justice sector to reflect, to question whether our current child protection systems, particularly as they relate to children in conflict with the law genuinely uphold the best interests of the child, and whether they remain in alignment with the progressive justice ideals to which this Republic has solemnly pledged itself.”
Court documents indicate that the child, along with two adult co-defendants, is accused of murdering Omphile Mofaladi in Francistown on or around March 29, 2025. The court also considered the fact that the child is currently in Form Five (the final year of secondary school) and would miss crucial exams if detained, potentially jeopardizing his future.
Magetse emphasized that Section 18 of the Children’s Act guarantees free basic education and imposes liability on anyone who violates this right. “The Court fully appreciates that, regardless of whether the child in conflict with the law is ultimately convicted or not, he should at the very least be afforded the opportunity to complete his basic education. Unfortunately, our current prison and/or rehabilitation facilities are not equipped to provide him with such educational support.”
Magetse concluded that granting bail was not a deviation from the law, but rather a “deliberate and faithful application of a child protection driven spirit,” prioritizing the best interests of the child.
