26 Jun 2024

The Department of Tribal Administration has stopped tracing of defaulters by court bailiffs because it was an administrative initiative not backed or supported by law and the exercise was costly to government.

This was said by the Assistant Minister of Local Government and Rural Development, Mr Setlhabelo Modukanele in response to a question from Kgosi Mbao Kahiko III of Ghanzi West region at Ntlo ya Dikgosi on Tuesday.

Mr Modukanele indicated that functions of a court bailiff were stipulated under section 3 sub-section 2 (a, b, c) of the Customary Court (Amendment) Act No. 22 of 2013, and that they did not include tracing of defaulters.

“My office is not aware that defaulters no longer paying debts installments. But further enquiries will be made by my office to establish what could be the cause or failure to comply with court orders,” he said.

He added that payment of debt whether monetary or in kind, was not determined by his office.

“Rule 29 of the Customary Court Act indicates that all compensation, whether in monetary or in livestock as ordered by the court shall be paid to the revenue collector. This then means that it is the court order and not the ministry that has to be complied with,” he said.

He also said he was made aware that a consultative meeting under the theme, Aligning Court Bailiff Daily Operations with the Law, was convened virtually on March 19 this year, which indicated that court bailiffs were consulted.

Kgosi Mbao III asked the minister if he was aware that the Department of Tribal Administration had stopped tracing of defaulters by court bailiffs and that defaulters no longer paid the debts in installments, but were expected to settle the full amount.

He also expressed concern that defaulters were no longer allowed to pay in-kind using livestock even when the complainant was open to such option.

That, he said had led to accumulation of outstanding compensatory fines due to the fact that most defaulters might not have any property to be attached.

He further wanted to know if court bailiffs were consulted on the matter, and if not, how the minister intended to address the issue. ENDS