GBV specialised courts generate mixed feelings

The courts are the last port of hope for victims of the scourge of Gender Based Violence ( GBV) in the country.

GBV cases have escalated in the past year forcing stakeholders to come up with interventions to stem it.

Government, through the Chief Justice, recently took a decision to establish specialised GBV courts across the country.

They are expected to be implemented as of next week Tuesday ( 1 December) to address cases timeously.

Counsel lor Super visor at Botswana Gender Based Violence Prevention and Support Centre, Kgomotso Kelaotswe says those that help victims of GBV have always been frustrated that a single case can take close to 30 days or more before courts.

“It can be a long and tedious process, and this frustrates some victims, some who withdraw cases or go back to their abusers. Hopefully, with a faster turn- around time, cases would be addressed timeously”.

However, a source in the magistrate system, said the specialised courts would take great effort to work.

“GBV has always been a big issue, and the courts inundated with GBV cases, even before all these many campaigns. We need to understand what mechanisms would be put in place to make the process faster and more efficient, without compromising on fairness and justice.”

The source said there are often technical challenges such as police investigations taking too long, victims withdrawing cases and so forth.

“Investigations can drag on, and if there is no substantial evidence gathered, the case cannot go on”, said the source citing a case in which a woman had dragged the father of her child to court for assault with intent to cause grievous bodily harm.

She withdrew the case and claimed to have reconciled with him. She refused to testify against her abuser, although the matter was admitted to the courts.

Even after being imprisoned for 14 days, she still came out and refused to testify against him. The matter was dropped but less than a month later she was back and went to the DPP begging them to reinstate the charges because the man had hit her badly and dragged her into the bushes where he had even raped her.

“So, the courts are faced with an array of challenges, and there isn’t one linear way to address the matter.”

But according to Defence, Justice and Security minister Kagiso Mmusi, Botswana is at nearly 70 percent success rate in dealing and handling of GBV cases, within a set period.

He told Parliament recently that 298 of these were completed within 30 days, making a completion rate of 68 percent.

Kelaotswe also lamented the bail system, saying that it frustrates the efforts of different stakeholders in trying to combat GBV.

“I think Government should intervene because it is terrible to see someone walking freely in the community, after being implicated of a terrible crime. In some cases, we are forced to keep victims longer for their own safety”.

The source also said that the blame should not be solely squared on the courts but also the police, who are sometimes slow when dealing with cases. “The police shouldn’t drag their feet, and should be prompt in responding to cases.”

In response to these concerns, Botswana Police have committed to establishing a GBV dedicated branch, which is expected to be operational by April 2021, Botswana Police Commissioner, Deputy Commissioner of Police Dinah Marathe recently said.

About 241 post commanders are reportedly being trained countrywide and a toll- free helpline for victims to report GBV incidents.

According to Botswana Police Service, in 2019, there were 320 cases of murder related to GBV reported, 678 cases of threat- to- kill, 2265 of rape and 1208 of rape.

A total of 440 cases were registered under the Domestic Violence Act in various magistrate courts across the country. The Botswana Police have recorded more than 1000 cases of rape, murder and defilement combined, since the beginning of 2020.