- this is to allow him writes his final examinations
A Form five student linked to the killing of a 31-year-old Omphile Mofaladi of White City in Francistown was on Tuesday granted bail pending trial, to enable him to continue with his studies.
This is reportedly because the 17-year-old boy’s incarceration at Moshupa Boys Prison does not provide education services necessary to ensure his continued access to learning.
The teenager together with 20-year-old Therisanyo Mmemo and Kagiso Philip are alleged to have beaten Mofaladi to death with softball bats three weeks ago. The deceased operated a car wash in Aerodrome.
In his bail ruling Francistown Magistrate Tshepho Magetse considered, “the educational continuity and well-being of the child conflict with the law, recognising education as both a right and a rehabilitative tool essential to reintegration.”
He added, “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 rehabilitation facilities are not equipped to provide him with such educational support.”
Legal counsel Kagiso Lekang who represented the minor also expressed concern that the accused teenager is doing his Form 5 arguing that if remanded he is going to miss his examinations, thus dooming his life.
A senior officer from the North East Regional Education office, Kedisaletse Tshukudu also enlightened court that the minor is in an examination class and if he does not sit for his final examinations at the end of 2025, he would only be required to retake the academic year.
“But he will have to revert back to Form Four, as the current syllabus is set to be phased out by the end of this year,” added Tshukudu who took proactive steps in facilitating the transfer of the child, despite the fact that his bail had not yet been granted.”
Magistrate Magetse applauded the senior education officer’s efforts as she engaged various headmasters in the region to secure admission for the boy. “Various headmasters in the region came to court in person to demonstrate their willingness and readiness to support the child’s successful completion of Form 5 alongside their guidance teachers.”
As a word of caution to the Form Five student, the Magistrate said, “society has its eyes on you since you have been granted bail. Since schools are closed, you are not allowed to reside near or go near the home of the deceased’s family. You are further not allowed to interact with any witnesses on this case. For any communication and movement, you need to make you must inform the social workers.”
According to the Child’s Act every child has a right to free basic education. Section 18 also emphasises that such education must be free. It imposes liability on any person who contravenes this provision. This element became a key determining factor in the consideration and eventual granting accused bail.
