Rising murder cases scornful of death penalty
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Cases of murder in Botswana are escalating despite the intervention of law mechanisms in the form of the death penalty.
Botswana is the only country in Southern Africa Development Community (SADC) that still upholds and practices the death penalty as other member states have either abolished the exercise in law or in practice. Indications suggest that the executions are in practice bearing no fruits as citizens continue to kill each other for various reasons – including trivial ones. Statistics turned up by WeekendPost indicate that murder has been escalating since 2015 through to 2016 and recently 2017.
According to the Botswana Police Service Annual Report for the year 2016, a total number of 278 murder cases were recorded in 2015. In 2016 the number escalated to a whooping 305 murder cases registered. Police records further indicate that during 2017 a total number of 70 murder cases were recorded from January to March, 81 from March to June and 51 from June to September summing to 202. The recorded cases from September to December were however not immediately availed to this publication upon request.
It is also still unclear how many cases have gone un-recorded between the years or in cases of when the victims have gone missing without a trace. Botswana Police Assistant Public Relations Officer (PRO) Jayson Chabota stated to this publication in an interview on Wednesday that “during the festive season police operations that ran from 18th December 2017 to 3rd January 2018, recorded a total of 22 murder cases”.
According to Chabota, this shows a glaring increase as compared to 20 cases registered during the same period in 2016. When asked on the reasons for these growing murder cases, the Police mouthpiece pointed out that “most murder cases were as a result of killings related to love affairs and misunderstandings that erupted at drinking places.” A highly regarded lecturer of Social Work at the University of Botswana (UB) Kgomotso Jongman hinted that death penalty is not a deterrent all.
“We have reached a state of hopelessness where nothing matters. Death penalty is supposed to be a deterrent but when people got nothing to lose it’s not a deterrent anymore,” he said. Take an example of a 19 year old in Mogoditshane who was on bail owing to murder, he went on and killed another person again, he highlighted while adding that “he knows he is going to be killed anyway”.
Jongman’s sentiments were also shared by Keletso Tshekiso; a reputable Counselor serving as the Publicity Secretary of the Botswana Counseling Association who was firm that capital punishment is proving to be counterproductive. She explained that “in punishment, the stimulus propelling the undesired behavior decreases the likelihood of repetition of that behavior in future. So you can’t punish a dead person because they won’t feel anything. In short you are just eliminating that individual. It may not be considered as punishment by another person until they too face death sentence. So to many, ‘capital punishment is just an angry law’ which eliminates the murderers (perpetrators) and not murder (action).”
In addition, the professional Counselor noted that there are quite a number of reasons while people kill, like social influences, issues of power relations, cognitive and intellectual impairment and added that the reasons keep on increasing. Some human rights renowned local attorneys such as Uyapo Ndadi of Ndadi Law Firm, Tshiamo Rantao of Rantao Kewagamang Attorneys and Martin Dingake of Dingake Law Partners continues to call for the abolishment of the capital punishment.
When sharing his legal thoughts to WeekendPost on Thursday, Ndadi said: “I do not know what plays in the mind of a murderer, but I doubt if a murderer thinks of the consequences at the time. He continued: “the proponents of capital punishment argue that it serves as a deterrent, does it? NO!!!” On the other hand, he stated that he knows that it is wrong and barbaric to kill, and to him it doesn’t matter under what circumstances, unless of course it is in self defence.
“It doesn’t matter to me whether the killing is as a result of death penalty or crime, it is wrong. The argument that a punishment must fit the crime committed holds true but not to the extent of repeating the crime,” he pointed out. “That is why we do not rape people who rape, steal from those who steal, beat up those who beat others (even their spouses and partners) for we know it is wrong to do so. But why do we find it okay to kill?” he asked. The esteemed human rights attorney highlighted that he is aware that the Court of Appeal has declared death penalty in Botswana to be constitutional.
“I have a problem with that because any person has a right to life and dignity. The right to life must be preserved by government as well. No one should be licensed to kill by any law. The government must take the lead in showing how precious life is, and not follow what murderers do. Otherwise it is like punishing a child for doing what you yourself do to the child or others.”
Another well regarded attorney Rantao, has in recent reports, called for the abolishment of the death penalty on grounds that it is evil, irreversible, discriminatory and just a form of retribution that solves absolutely nothing. Meanwhile, while countries across the globe continue to dispose of the practice, Botswana still continues to enforce on it having executed approximately more than 53 people since independence in 1966, most of which were said to be men. Put mildly, Botswana carries out roughly 1 execution per year.
The death penalty is provided for in the supreme law being the constitution 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.” According to the Botswana Penal Code (which enforces capital punishment) section 202: “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.”
It posits in section 203 that “subject to the provisions of subsection (2), any person convicted of murder shall be sentenced to death. (2) 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 behaviour of an ordinary person of the class of the community to which the convicted person belongs.”
The technique for the execution of death sentence in Botswana is also pronounced under section 26(1) of the Penal code which posits that “when any person is sentenced to death, the sentence shall direct that he shall be hanged by the neck until he is dead.” Meanwhile, on behalf of government, the Minister of Nationality, Immigration and Gender Affairs, Edwin Batshu is adamant that the death penalty will continue to be practised.
He said this when speaking at the 29th session of the third cycle review report of the Universal Periodic Review (UPR) two weeks back at Geneva, Switzerland. He stated at the high level meeting that “Botswana’s view on “the question of death penalty” remains unchanged, and the death penalty remains a competent sentence under the laws of Botswana.”
He continued to highlight that, in that regard, “government holds the view that the death penalty is not a human rights violation, or a form of torture, but rather a matter of criminal justice. Like every country, we retain the sovereign right to independently decide our own criminal justice system, including the retention of the death penalty,” he maintained.
He also explained that while the country does not begrudge those who have abolished it or imposed a moratorium on executions, it equally expects that they too should respect their right to determine whether it abolishes or retains it, as a criminal justice sanction, in accordance with Article 6 of the International Covenant on Civil and Political Rights (ICCPR). However Batshu said the Botswana government was however aware that there could be some genuine concern about the application of the death penalty in some parts of the world.
He further told the global gathering that “let me assure you that in Botswana, we have robust laws and institutions including an independent judiciary in order to ensure that there is no arbitrary imposition of the death sentence. Nonetheless, Government intends to hold public debates on the death penalty over the coming period, and Botswana would welcome technical and financial assistance to carry out such an exercise.”
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Mascom, Letshego partner to deliver the MyZaka instant loan
Letshego Botswana has recently partnered with Mascom to launch the Mascom MyZaka Instant Loan, a customer focused mobile money microloan service designed to provide customers with swift and convenient access to funds, driven by the underlying theme of “Ithuse” meaning “help yourself”
The loan is said to have been developed through a partnership driven by a deep customer focus with the key objectives of access, convenience and flexible financial support to customers of Letshego Botswana and Mascom through instantly disbursed short-term loans from P50 to P1 500 over the period of one month.
Letshego’s head of transformation, Molebogeng Malomo highlighted that working through agile methodologies, the partnership was able to develop and be released as what they call a Minimum Viable Product (MVP) or solution. “In keeping up with the spirit of design thinking and agile methodologies, the experiences and viewpoints of both Letshego Botswana and Mascom’s customers will be valuable to inform further enhancements to the Mascom MyZaka solution,” he said.
He further noted that the partnership and the development of the MyZaka instant loan will provide both the organizations to diversify their offering and customer base, while also offering the customer more choices and flexibility to initiate and be in control of their loan requests through the self-service mobile based application.
Mascom’s Chief Executive Officer, Dzene Makhwade-Seboni also alluded that their origins, priorities and initiatives are firmly rooted in Botswana and in the success of all Batswana, and that their strategy and intent is supported by embracing innovative problem-solving.
“The speed with which Letshego has grown over the years gives us confidence that we have partnered with the right service provider. Their expertise and most of all, innovation, a value we both share, will be beneficial to MyZaka Mobile Money for growth and for the convenience of our subscribers,” she concluded.
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DCEC granted warrant to arrest Khama twins
The Directorate on Corruption and Economic Crime (DCEC) has been granted permission to apprehend the former Minister of Environment, Wildlife and Tourism, Tshekedi Khama, and his twin brother Anthony Khama.
Information gathered by this publication suggests that the DCEC is actively searching for the Khama brothers, this is in connection with events that transpired whilst Tshekedi was Minister of Environment. The duo is currently in exile in South Africa together with their elder brother, and former President Lt Gen Ian Khama.
Approximately two weeks ago, the corruption-busting agency discreetly filed for an arrest warrant that was approved by the Broadhurst Magistrate Court for the two to be taken into custody, according to a highly placed source within the government enclave.
DCEC is also said to have filed an affidavit signed by a high-ranking officer known to this publication. Reports indicate that after being presented with details of the case, the Broadhurst magistrate issued the agency an arrest warrant.
It is also believed that the agency has been conducting extensive investigations into the supposed suspects for quite some time. Furthermore, Weekend Post has it on good word that the DCEC has been looking for methods to summon the two for questioning but has been unsuccessful.
According to unconfirmed reports, DCEC met with attorney Victor Ramalepa, who refused to accept the summons, saying that he is not their attorney. Furthermore, it is believed that DCEC has enlisted the assistance of the Botswana Police Service (BPS) in flagging the suspects’ names in the International Criminal Police Organisation INTERPOL.
Responding to WeekendPost enquiries, DCEC spokesperson Lentswe Motshoganetsi said, “I am not in good position to confirm or deny the allegation,” adding that such allegations may fall within the operational purview of the DCEC.
When contacted for comment, Ramalepa briefly stated that he is unaware of the purported arrest warrant. “I know nothing about the warrant and I haven’t been served with anything,” he said.
Meanwhile, former president Lt Gen Ian Khama recently issued a statement stating that DIS is intensifying the harassment and intimidation of him, family, friends and office employees.
“It is reprehensible for state officials and agencies to abuse government resources to terrorise their own citizens for personal gain,” said the former president in a statement.
He also stated that his brother TK’s staff and security were ordered to falsely implicate him. “Their desperate tactics will never work, it only serves to motivate me more to pursue regime change and free Botswana from tyranny,” he said
This comes after the corruption busting agency wants to interview the alleged suspects as they are still hiding in South Africa since last year.
Despite the hostility between government and Khama family going unabated, last month, Masisi extended an olive branch to Khama in political rally, indicating that he hopes the two of them settle their differences, of which the former responded by welcoming the gesture.
Khama further said his brother, Tshekedi, will facilitate the reconciliation of his behalf. Many have indicated that Masisi did not say what he said in good faith, and was only scoring political brownies since he was in Khama’s territory in Shoshong.
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DCEC’s Tshepo Pilane still has his mojo
Tshepo Pilane silenced his critics after being named the head of the Directorate on Corruption and Economic Crime (DCEC) in May of last year and served his opponents humble pie. Many believed he would only last for a month, but almost a year later, he is still standing.
Pilane, a trained soldier whose appointment surprised both the general public and some officers within the DCEC walls, has never glanced back in his duty to steer the DCEC ship forward.
It is alleged that immediately after his appointment the man embarked on a nation-wide trip touring the DCEC offices across the country in order to confirm and reaffirm the DCEC’s mandate. Sources from inside the DCEC claim that Pilane won the hearts of many DCEC employees due to his humility and plain message; “people at the top of the DCEC will come and go but the mandate of the DCEC remains relevant and unchanged.”
Pilane was appointed the Acting DCEC Director General at a time when the organisation was undergoing turbulence through court proceedings in which the suspended Director General Tymon Katlholo had interdicted the Directorate of Intelligence and Security (DIS) from accessing the DCEC premises. At the time, the DIS had raided the DCEC offices in the absence of Katlholo claiming to be looking for high profile corruption cases allegedly held by Katlholo.
At the time Pilane was Head of the DCEC Intelligence Division holding the position of Senior Assistant Director General reporting directly to the Deputy Director General Operations Ms Priscilla Israel. Contrary to his detractors, Pilane who is a reserved and humble person by nature won the support and backing of many DCEC officers due to his unassuming nature.
In a recent questionnaire sent to the DCEC regarding Pilane’s term in office, the DCEC was resolute on its commitment towards the fight against corruption. When quizzed on allegations of rife corruption since he took over, Pilane through his Public Relations (PR) office stated that the corruption landscape in Botswana remains unchanged as the DCEC continues to receive reports on allegations of corruption with sectors such as procurement (tenders and supplies), Transport (licensing and certificates), and land (dubious allocation and collusion) still leading issues reported. This trend has been consistence in the DCEC database for more than 10 years.
When further quizzed on accusations that suggest that due to the infighting at the agency, particularly at the top management, Investigations of cases has dropped significantly the DCEC claimed ignorance to the matter, stating that they are not aware of any “infights” at the DCEC “at the top management”, further stating that, investigations of cases has increased significantly, contrary to the allegations raised. “The DCEC is currently seeking new ways of expediting the investigations in order to fast track its enforcement role,” said the DCEC Head of Public Relations Lentswe Motshoganetsi. He further stated that the DCEC is in pursuit of high profile cases involving money and assets valued over P900 million. Three companies are involved in the scandal and two cases have already been committed to court while on one, investigations are about to be completed.
When WeekendPost inquired about Pilane’s roadmap, the DCEC stated that in the past, anti-corruption interventions were reactive, particularly in dealing with national projects that involve large sums of money. It was further started that in most instances investigating such matters takes a long time and in most instances, the money looted form Government in never recovered. As a result, the DCEC has taken a deliberate stance to attach its officers from the Corruption Prevention Division to be part of the implementation of these projects before, during, and after implementation.
The DCEC cited the Economic Stimulus Programme which, although meant to grow the economy and uplift Batswana from poverty, yielded incidents of corruption and poor workmanship. To date, the DCEC is still grappling with cases as some projects were not done, or were completed with defects beyond repair. Currently the DCEC is involved at the Ministry of Education conducting project risk management in the Multiple Path Ways Program at Moeng College and Maun Senior School. This intervention will spread to other sectors of the economy as part of the DCEC’s corruption prevention strategy.
Of recent, the DCEC has been in the media for all the wrong reasons following leakage of high profile cases and allegations claiming that the executive management is at war with each other more particularly with some within the agency harbouring ambitions to dethrone Pilane from the Directorship.
Although the infighting was denied by Pilane’s Office, he acknowledged that leakage of information is a problem across Government and stated that it is a pain at the DCEC. He however stated that Staff has been cautioned against leakage of investigation information and that they have roped in the Botswana Police to assist in investigating incidents of leakage. He further stated that they have increased continuous vetting and lifestyle audits for DCEC employees in order to enforce discipline.
Pilane’s term comes to an end in May 2023 after serving the DCEC for a year on acting basis. It will be in the public interest to see who will be given the baton to continue the anti-corruption journey if Pilane’s contract is not renewed. The DCEC has seen arrival and departure of Director Generals having alternated the top seat five times in less than seven years.