Dintwa (“Applicant”) challenged the Constitutionality of Section 142(1)(a) of the Botswana Penal Code, as amended by Act No. 5 of 1998. The Section denies the right to bail to anyone accused of rape. Applicant argued that the Section violated Section 5(3)(b) of the Botswana Constitution, which states that any person who is arrested or detained upon the reasonable suspicion of having committed a criminal offense shall not be deprived of his personal liberty. He also contended that the Penal Code Section 142(1)(a) violated Section 10(2)(a) of the Constitution.