Government has rejected calls to automatically deny murder suspects bail, insisting existing laws already protect public safety
BONGANI MALUNGA
The Ministry of Justice and Correctional Services has ruled out an immediate review of Botswana’s Bail Act to automatically deny bail to people charged with murder, arguing that the current law already provides sufficient safeguards while preserving constitutional rights.
Responding to a Ntlo Ya Dikgosi question on Tuesday, the Minister of Justice and Correctional Services Nelson Ramaotwana said the ministry does not believe a blanket prohibition on bail for murder suspects would be appropriate at this stage.
Ramaotwana defended the existing framework, saying the Bail Act, which came into operation in March 2024, was specifically designed to tighten and standardise decisions on whether accused persons should be released pending trial.
CLEAR AND STRUCTURED FRAMEWORK
“The law already gives courts a clear and structured framework to determine when bail should be granted or refused, particularly in serious offences,” Ramaotwana said. He explained that the legislation was introduced against concerns that some accused persons facing serious charges were being released and allegedly committing further offences before their trials concluded.
According to the minister, the Act was deliberately crafted to balance competing interests, protecting public safety while safeguarding constitutional rights such as liberty and the presumption of innocence.
BAIL NOT AUTOMATIC
Ramaotwana stressed that bail is not automatic and courts are required to assess a range of factors before making decisions. “Judicial officers must consider the seriousness of the offence, the safety of victims, the risk of an accused person absconding, protection of witnesses and the broader interests of justice,” he said.
The minister noted that murder cases already attract heightened scrutiny under the current legal framework. He said complainants in such matters are afforded an opportunity to be heard and courts are required to consider their safety, interests and concerns before granting bail.
Rejecting calls for an outright ban, Ramaotwana argued that introducing automatic denial of bail would undermine constitutional principles and remove judicial discretion to consider each case on its merits.
“Our priority is to ensure consistent and effective implementation of the current law while continuing to monitor its impact and considering future reforms only where evidence supports change,” he said. He added that the government remains open to reviewing the law in future but maintained that no immediate amendments are necessary.