In a case that continues to draw national attention, Kanye Magistrate Court has dismissed a late application attempting to force Bangwaketse Paramount Chief, Kgosi Malope II, to undergo a DNA test.
The application was filed by the Kgosi’s cousin, Metlhaeno Gaseitsewe, who faces charges under Section 25(1) read with Section 25(3) of the Bogosi Act.
Gaseitsewe is accused of making derogatory statements during a heated kgotla meeting in Kanye on 13 February 2024, reportedly alleging that Kgosi Malope II lacks royal blood and is unfit to lead.
As part of their defence, Gaseitsewe’s legal team requested Kgosi Malope II be made to take a DNA test, which they argued would clear up longstanding questions surrounding royal lineage within the Bangwaketse.
Presiding over the delicate matter, on Thursday, Senior Magistrate Keneilwe Kgoadi ruled that the application lacked legal standing.
The court found Gaseitsewe had no locus standi to request such an order, as Kgosi Malope II is neither a suspect nor an accused person in the criminal records before the court.
Magistrate Kgoadi further held that provisions relating to forensic procedures were inapplicable in this case, explaining the court has no authority to grant a DNA order under the circumstances presented.
The court also raised concerns about the timing of the application, noting it was filed seven months after Gaseitsewe was arraigned.
The magistrate found no satisfactory explanation for the delay, concluding that the application appeared to be a tactic to stall proceedings.
The prosecution maintain Kgosi Malope II was lawfully appointed and recognised under Botswana law at the time of the alleged offence. They argued the defence’s application was without merit and irrelevant to the central issue before court.
At the core of the matter, the court stressed, is whether Gaseitsewe’s alleged conduct amounted to an intentional undermining of the authority and dignity of a traditional leader, as protected under the Bogosi Act.
The case has now been adjourned to 4 May for commencement of trial.
