The execution of Mooketsi Kgosibodiba by the Botswana Government this week in Gaborone, has opened old wounds and deepened public discourse on the death penalty in the country. On one hand, some observers and quite a considerable number of Batswana still believe in death penalty and take every opportunity to support the State to withhold it.
Such insists that the only deserving justice for murderers is to be executed as evidence by their notion and justification: “an eye for an eye.” However, speaking to Weekend Post this week, a renowned attorney who has done murder cases for years expressed his dissatisfaction against the latest development of killing by the State – despite calls to abolish the practice. He asserted to this publication that “this government is cruel… How does the State even find it fit and just normal to kill during the month of Jesus Christ? I find it interesting.”
Although regarded as a secular State, Botswana is predominantly Christian. The prominent lawyer expressed the sentiments following the latest death row casualty, 44 year old Kgosibodiba of Shashe-Semotswane Village who was killed by the State this week, in the early morning hours of Monday 2nd December 2019, at Gaborone Central Prison. Kgosibodiba was executed following the imposing of a death sentence on him by the Francistown High Court on the 14th December 2017, for the offence of murder.
The High Court convicted the now deceased for the murder of his employer Benjamin Makobela on 2nd February 2012 at Makobo village. He later appealed the judgement but was dismissed on the 27th July 2018, by the Court of Appeal. Subsequent to the inhuman effecting of capital punishment on Kgosibodiba, the Western countries accredited to Botswana moved swiftly to condemn Botswana for the action – once again – as they have always taken a stand and an opportunity to state their view.
The European Union Delegation, the EU Heads of Mission in Botswana and the Heads of Mission of Australia and Canada slammed the Botswana government for still maintaining the barbaric practice insisting that it is outdated. They asserted: “in light of the execution of Mr. Mooketsi Kgosibodiba, which took place on 2nd December 2019, the European Union, Australia and Canada reaffirm their strong opposition to capital punishment in all circumstances.”
They continued to point out that the death penalty is a cruel and inhumane punishment, which fails to deter criminal behavior and which represents a grave denial of human dignity and integrity while adding that any miscarriage of justice – which is inevitable in any legal system – is irreversible. The West further explained that death has no appeal, which is why most of countries in the world have stopped applying it.
“We continue to call on Botswana to initiate a public debate on its use of the death penalty, as the Government of Botswana has already agreed on the Universal Periodic Review of the UN Human Rights Council in January 2018. We stand ready to share our experience with the process of abolishing the death penalty,” European Union, Australia and Canada further stressed to Botswana.
Research indicate that the African Continent has joined the growing trend towards abolition of the death penalty worldwide with 80% of the members of the African Union having already abolished the death penalty in law or in practice. It is said that out of the 29 countries in sub-Saharan Africa that still retain the death penalty in law, only four – Botswana, Somalia, South Sudan and Sudan – carried out executions in 2018. In Botswana, the death sentence is usually issued upon murder under aggravated circumstances and is carried out by hanging.
Since independence, there is on average one execution per year, and the execution usually takes place few years after trial. Research indicates that, as of March 2018, there were 51 people on death row in Botswana, a notable increase from previous years. “Four individuals were sentenced to death in 2017 and one person was executed. There was one person on death row at the end of 2016. No new death sentences were imposed in 2016 and one execution was carried out. There were four men on death row at the end of 2015. One new death sentence was imposed in 2015,” research further indicates.
Botswana’s constitution provides for the death penalty under section 4(1) which states that, “No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offence under the law in force in Botswana of which he has been convicted.” In the same breath, section 202 of the Botswana Penal Code, which enforces the death penalty, states that, “any person who of malice aforethought causes the death of another person by an unlawful copyright Government of Botswana act or omission is guilty of murder.”
The Penal Code specifies that a person who is sentenced to death will be hanged by the neck until dead. Still in the Penal Code, section 203 states that “subject to the provisions of subsection (2), any person convicted of murder shall be sentenced to death. It continues that where a court in convicting a person of murder is of the opinion that there are extenuating circumstances, the court may impose any sentence other than death. (3) In deciding whether or not there are any extenuating circumstances the court shall take into consideration the standards of behavior of an ordinary person of the class of the community to which the convicted person belongs.”
Despite the pushbacks and calls for abolition of the death penalty, the then Minister of Nationality, Immigration and Gender Affairs, Edwin Batshu adamantly stated that the death penalty will continue to be practiced in Botswana. Batshu was quoted speaking at the 29th session of the third cycle review report of the Universal Periodic Review (UPR) in Geneva, Switzerland last year February.
Presidential Commission of Inquiry into the Review of the Constitution held a meeting in Serowe this week. The meeting was to accord Bangwato, just like other tribes, a platform to give their opinions, contributions and what they think is the horse power and limitations of the current Constitution of Botswana.
Bangwato Regent, Kgosi Serogola Seretse said, he is of the understanding that the Commission has not come for anything apart from getting their opinions on how things could be made better. His contribution was that he solely knows of only two social positions in the world; Dikgosi and Pastors. He said other positions are just benedictions. He further urged that, Batswana should respect God’s ordained protocols such as Dikgosi and Pastors.
Seretse pointed out the importance of acknowledging and appreciating Dikgosi as nation builders. He cautioned and warned that, the Commission should ensure that their dealing with Dikgosi is harmonious. He called for an amendment to be made on the ‘National Order of Precedence’ noting that Dikgosi are put at number 11, but should at least be taken a little higher to number 7.
One resident, Tshepo Moloi while giving his contribution said there must be provisions of Social Justice that ensure equal distribution of resources to all citizens. He said this provision should entail an obligation that all citizen have equal opportunities to different Government Initiatives. Moloi substantiated that, all ‘Presidential Commissions’ be engraved on the Constitution
Alfred Thogolwane who is as well a resident of the biggest village in the Central District, pointed out the need for preservation of the country and resources thereof, saying “it must dawn onto all that, the calabash that fetches water for the family cannot fixed once its broken.” Another resident, Keikantsemang Sebedi advocated for Polygamous marriage, saying that men should marry as many wives as they please. She said there is no need for any socioeconomic assessment done on men who wish to marry more than one wife.
She advised that, the country should benchmark from the Zezuru culture that does it, with no complexities. On the other hand, Sebedi said that, there must be considerations done on the Old Age Pension. She said people who earned P4000 should not receive the old Age Pension upon their fullness of age. Forshia Koloi called for amendments on Section 77 and all the provisions that speaks to the subject of Bogosi and the powers infested in them. He said they should be made more detailed and avoid ambiguity in clauses.
Mr Tlhaodi said there must be Land Audits done in the country. Citing an example of the Tati Land as one that should be thoroughly audited. He further advised that, Election Day be put on the Calendar. He said, if it happens that the day be a Saturday, there should be some special dispensation for the 7th Day Adventist Church members to take part in voting without compromising on their day of worship. Tlhaodi added that there must be People’s Complaint Commission in the country.
Speakers emphasized the need for the country to review the exercise of ‘Political Party Funding’. They articulated that lack of funding political parties’ results in political parties resorting to finding funds for themselves. They reiterated that sometimes going to the extent of getting funds through illegal means. Bangwato agreed in one accord that they want the President be tried whilst in office if suspected of any criminal offences. This was revealed in their contributions. They pointed out that, the law should not to wait until the end of their tenure.
For his part, the Deputy Chairperson of the Commission Johnson Motshwarakgole expressed gratitude to the residents of Serowe. He applauded women for their kindness saying it is only them, who always take responsibility for doing things amicably in the society.
Parliament has revealed that it plans to rollout a Community Score Card (CSC) exercise as part of sweeping reforms to its role and mandate among others.
The planed shakeup, along with the rollout of CSC will see creation of new Parliamentary Portfolio Committees on Health, HIV&AIDS, Education and Skills Development, Trade and Economic Development, Agriculture, Lands and Housing and Local Governance and Social Welfare. Parliament informed government ministries and departments that the CSC is a participatory, community based monitoring and evaluation tool that enables citizens to assess the quality of public services and interact with services providers to express their concerns.
According to Parliament, the CSC will assist to inform community members about available services and their entitlements and to solicit their opinions about the accessibility and quality of certain services related to the portfolio committees mentioned. It said the main objective is for Parliament through identified oversight committees is to conduct a participatory monitoring and evaluating process that puts ownership and responsibility for delivery of services in the hands of both the Government and the service recipients.
“Through scorecards developed around identified sectors and services, communities and implementing departments remain in touch with progress made through the programme delivery cycle and are able to respond timely to bottlenecks,” the National Assembly said. Some of the measurements and expected outcomes for the rolling out of the CSC include among others, improved monitoring and economic evaluation, to determine the impact of spending, so as to be able to direct resources from where they having the least benefit to those projects and programmes where they will have a larger positive impact.
The National Assembly explained further that this could result in a willingness to close down ineffective programmes and institutions and not to implement projects that do not deliver adequate returns, improved productivity in the public services, especially given the substantial pay increases.
The National Assembly believes that the rolling out of CSC is also expected to result in efficiency savings: many public services and programmes could be delivered more effectively at lower costs, by improving management and accountability, and making use of e-services. “This would yield financial savings that could be used for development programmes or reducing the deficit,” the National Assembly said.
The exercise is also expected to result in “Careful scrutiny of subsidy schemes and termination of those that do not address market failure or assist truly needy Batswana.” The National Assembly revealed that proposed Parliamentary Portfolio Committee on Health and Wellness has been established in accordance with the Standing of National Assembly of Botswana. It explained that the mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Ministries, Departments and Agencies with portfolio responsibilities in respect of Health and HIV/AIDS.
“There is need to identify reasons for inefficiency and poor outcomes and ensure that health system reform improve productivity and value for money. Key areas of focus for scorecard, availability of drugs, staffing ratios, accessibility of health services, speciality care and services and sexual reproductively health,” the National Assembly said.
Another proposed Committee is on Local Governance and Social Welfare. The mandate of the Committee is mainly to exercise Parliamentary Oversight and Scrutiny over Government Ministries. Departments and Agencies with Portfolio responsibilities in respect of Local Governance and Social Welfare.
“Strategies under NDP 11 to improve outcomes of social uplifment include; diversiﬁcation of rural economies, development and support of small businesses, provision of social safety nets, eradication of absolute poverty, provision of quality and equitable education and harmonisation of social protection programmes,” said the National Assembly. It said social nets need to be improved so as to target these most in need (at present some social safety nets benefit many people who are not the most needy, but also miss out some of those who are needy).
“Some social development policies more broadly should also aim to reduce household vulnerability to shocks such as those arising from fluctuations in agriculture, climate change, incomes and employment and improve their ability to handle shocks, thereby building household resilience,” the National Assembly said.
Another Committee established is on Agriculture, Lands and Housing. The mandate of the Committee is mainly to exercise Parliamentary oversight and scrutiny over Government Institutions, Departments and Agencies with portfolio responsibilities in respect of Agriculture, Lands and Housing.
The National Assembly said the average growth rate of the agricultural sector since the beginning of National Development Plan 11 (NDP11) (i.e. during the 2017/2018 and 2018/19 financial years) was 2.5 percent, making it the slowest growing sector of the economy, in line with its historical performance.
“Over the same period, its share of GDP has been stagnant at around 2 percent. The sector also contributes job opportunities for about 80 000 adults. Food security has become paramount since the onset of the corona virus pandemic,” the National Assembly said. The National Assembly said the Government realises the need to increase food production for products in which Botswana has a cooperative advantage such as beef, grains and other horticulture products.
The Committee on Finance, Trade and Economic Development has also been established. One of the mandates of Committee would be to exercise Parliamentary oversight and scrutiny over government ministries, departments and agencies with portfolio responsibilities in respect of Finance, Development, Trade and Industry.
“The sector is at the core of industrialisation aspirations and strategies for economic development in Botswana. Manufacturing in particular can be the driver of economic growth through technological improvements and innovation,” the National Assembly said. Hence, it said, the development of the sector could also foster export diversification and export led-growth in Botswana while benefitting from the African Continental Free Trade Area (AFCFTA).
Two senior members of Directorate on Corruption and Economic Crime (DCEC) have threatened legal action against Directorate of Intelligence and Security (DIS), it has transpired. The threat is contained in an answering affidavit of Director General of DCEC, Tymon Katlholo in which he is seeking an interdiction from High Court to stop the DIS from accessing investigation files at his office.
After the DIS detained DCEC officials Joao Salbany and Tsholofelo Bareetsi on December 16, 2021, they filed an official complaint against DIS and some officials. They complained about abuse of office by DIS and five officers. Salbany and Bareetsi also complained about unlawful detention by DIS and unlawful dissemination of classified information contrary to Section 44 of Corruption and Economic Crime Act. “The DIS interviews were premised on information divulged during the course of official DCEC work product, that is the Monday media brief meeting,” they wrote.
They further requested leave to institute a civil suit against the DIS and its officers, and invariably the State for inhuman and degrading treatment they suffered and unlawful detention. They also pondered a declaratory seeking a sanction against the DIS and Botswana Police Service (BPS) and clarification of the role of BPS officers seconded to DIS.
“The envisaged suit against BPS and DIS officers and the DIS will inevitably centre on investigations done by the DCEC and the scope of the protection availed to DCEC officers for conduct done in the course and scope of DCEC official duties.” The duo said it was self-evident from the conduct of the DIS officers that there was nothing urgent about the information required by the DIS, justifying their detention at its Sebele facility from 08:30 hours on December 16, 2021 until 02:00 hours on December 17, 2021.
They reasoned that the information required by the DIS could have been obtained by a simple request to DCEC Director General. “What the DIS did was to seek to intimidate officers of the DCEC whom they knew were carrying out investigations against some of the DIS officers who were part of their investigation team. This turn of events has a chilling effect not only on the functioning of the DCEC but also on the official conduct of officers of the DCEC as to how they conduct their official duties.”
They concluded by stating that in the event the request is granted, they would further request to be advised as to the provision of legal representation as the unalwful detention and the degrading and inhuman treatment by the DIS was in relation to matters conducted by and on behalf of the DCEC.