Country
Court
Type of court
Seat of court
Francistown
Date of opinion
2009
Abstract
This is an appeal against conviction which came before this High Court on 2 December 2008. On count 1, the court reasoned that Section 109 is a criminal provision, thus s 109 is concerned with a threat of physical injury to a public servant. It cannot be read to refer also to other fanciful non-physical but metaphysically induced injuries as may be caused by witchcraft or such other imagined cause. On count 2, the charge could not stand because it was not proven beyond reasonable doubt by the magistrate court. Thus, an order was made acquitting the appellant of the two charges on which he was convicted and sentenced by the magistrate’s court.
Language of document
English
Charges
The appellant was charged in count 1 with the offence of threat of injury to a person employed in the public service which is a contravention of s 109 as read with s 33 of the Penal Code. The particulars of the offence read – “The accused person on the 19th day of March 2005 at Nata village in the Central Administrative District did threaten to injure one Mr. Batisani Moeti, a public officer employed in the Police Service by saying the following words in Setswana Language – “Wena o tshamekela mo go nna o tla se bona se se diragaletseng Masole, James le Makala,” “ I will fix you up” and at the same time brushing the same officer around the body with an animal horn containing suspected traditional medicine doing so for the purpose of inducing that public officer to forbear him from exercising public functions of searching the depot of one Kago Seisa.” Count 2 charged the appellant with contravening s 71 (1) (d) (3) of the Wildlife Conservation and National Parks Act, (No. 28 of 1992). It alleged that the appellant was in possession of a roan antelope horn without a permit.
Species
Transnational
No
Decision
An order was made acquitting the appellant of the two charges on which he was convicted and sentenced by the magistrate’s court.
Appealed
Yes
Legislation cited
Wildlife Conservation and National Parks Act, (No. 28 of 1992)
Witchcraft Act (Cap 9:02)
Penal Code