Committee seeks public input on legislative bills

KABELO MASOABI
LERIBE – The Portfolio Committee on Law and Public Safety convened a public hearing at St. Monica’s in Leribe on Wednesday this week to gauge public feedback on the proposed bill on bail, stock theft, and internal security bills, before they become law. The specific focus of the committee and public deliberations was on the Bail Bill 2024, the Stock Theft (Amendment) Bill 2024, and the Internal Security (Arms and Ammunition) Bill 2024.
During the hearing, Committee Chairperson Mr Mokuena Ramakatsa emphasised that the input received from the public regarding these bills will be considered in shaping the final laws. He said this inclusive approach aims to address longstanding concerns voiced by the public, particularly in relation to the issue of bail.
He indicated that the current laws need to be updated to address present-day challenges. According to Lawyer Mpati Mots’oane from the Ministry of Justice, Lesotho currently lacks specific legislation detailing bail procedures. To grant bail, the court must refer to clauses from other laws such as the Common and Case laws, including the Criminal Procedure and Evidence Act.
The purpose of this bill, she said, is to consolidate and harmonise existing pre-trial release laws and provide a process of bail and circumstances under which it may be granted and denied to an accused person.
She explained, “This bill outlines the conditions for granting or denying bail for different types of crimes. Having a bail law available would allow every Mosotho to access, understand, and make informed decisions about bail applications and decisions.
“Additionally, this bill allows victims and the public to participate in bail discussions, which was not possible before. Again, before granting bail, the accused’s hometown will be visited to assess their reputation among other villagers.
“Moreover, the police would no longer have the discretion to release suspects of serious crimes after their detention. Suspects of serious crimes such as murder, would be required to appear in court where their bail application would be considered by the prosecutor and other relevant authorities. The police can only release on warning suspects of minor offenses, like minor traffic violations.”
Adv. Mots’oane also highlighted a new element introduced in the bill: a curfew for the accused under a bail bond, which would restrict their movement and be monitored to ensure their appearance in court when required.
The majority of community members at St. Monica’s expressed concerns about the impact of low bails on revenge killings. They argued that individuals accused of serious crimes such as aggravated stock theft and murder, should not be granted bail.
Taelo Mohapi emphasised the issue, stating that wealthy individuals accused of murder could easily pay for bail, return to the community, and potentially commit further crimes. As a result, Mohapi urged for the elimination of bail in murder cases. If it says through, the Act shall be cited as the Bail Act, 2024 and shall come into operation on the date of publication in the Gazette.
The Stock Theft Amendment Bill and Internal Security Bill have undergone significant changes. Adv. Lekhetho Rakuone, a committee member, has informed the public that the sentences for these offenses have been increased to a minimum of 5 years, with the possibility of a convict facing up to over 100 years in prison. These changes he said aim to strengthen internal security and deter future criminal activities. The committee has so far visited the public in the districts of Berea, Mokhotlong, Butha Buthe and Leribe.