THIS is an open letter addressed to: The Minister of Justice, the Minister of Police, the Attorney General, the Director of Public Prosecution and the Commissioner of Police.
Bo ‘M’e le bo Ntate, I do hope that this short missive finds you all well and in good cheer. I am not sure if in Lesotho there is a security cluster as they have in South Africa. If we have such a cluster, I am sure you would all be members of such a group. May I therefore kindly address you as a cluster?
I am aware that Martial Law is used at various times in various countries, to various degrees of success: I am in no way saying that I oppose this move, rather we as Basotho needed to be prepared for it.
The declaration of a curfew by the government this week has come as a major surprise to most of us. That is true not just for those inside the country but those outside too. I do however understand why you might have reasoned the way you did.
I have lost various friends to this gun violence, starting with my school friend, Thabo John Phohleli, right through to about a month ago. So please, understand that I stand with you, but not quite with you.
My take on the gun violence is that it is an overhang of the gun wars of the 1880’s; there was never a ceasefire.
The current situation is based on economic needs; money, power and influence. So we need to address the economy to reduce the prevalence of gun violence. Basically bothata ke moruo. No pun intended.
A decade ago I lost another friend to gun violence. Ntate Tsepo Sefiane was shot in a Maseru restaurant, in broad daylight in front of six friends. Within 30 minutes of the shooting, the duo that shot him was arrested. The one who shot him still had the gun on him. The police had effected the arrest, so it should have been a clear-cut case. The gunmen were then given bail, and disappeared.
Some months ago I lost another friend, Francis Matabane, also to gun violence. The attackers have been given bail, and the matter is dragging on in the courts. In all these cases, only those who shot Thabo Phohleli went to jail. They were not granted bail and were kept in prison: the pattern is therefore clear.
I would have loved it if there was some sort of SWOT analysis of the crimes that are being targeted following the decision to impose the curfew. I believe that changes to the rules around bail should have been implemented first. To get bail, a suspect must show why granting him bail is in the best interests of society at large.
It should not just be a case that they deserve freedom and that bail is guaranteed by our constitution. It should not just be that they have a family to support, and children to raise; this can still be done by the extended family. We must look at the value and impact on society if the individual is freed on bail.
Then their bail conditions should be so strict that running away would almost be impossible. We have a porous border with our only neighbour South Africa. The gunmen can leave for South Africa and carry on these heinous crimes. And in the process of applying for bail, those who are affected should have a say in the matter.
I was involved in the capture of those who killed Sefiane, they had seen my face up close, heard my voice. Once out on bail, I did not feel safe to be in Maseru for many months. In fact the patrons at bars started asking strangers questions, not allowing them to join us.
So let me go back to the beginning. I support the decision to declare a curfew. However, a curfew alone is not enough. The mechanism of granting suspects bail needs to be strengthened to protect those who are affected, not just witnesses, but family, colleagues and friends.
I am certain that if we work together, we will reduce the prevalence of these murders. We can start with bail, but it is of utmost importance that we look at ways of improving the economy so that our people do not rely on crime for a living.
As your party says: Moruo.
Khasane Ramolefe