Connect with us
Advertisement
[spt-posts-ticker]
Friday, 19 April 2024

Rising murder cases scornful of death penalty

News

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.”

Continue Reading

News

Nigerians, Zimbabweans apply for Chema Chema Fund

16th April 2024

Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.

According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.

“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’

Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.

One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.

Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”

 

 

 

 

 

 

 

 

 

Continue Reading

News

Merck Foundation and African First Ladies mark World Health Day 2024

15th April 2024

Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.

I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.

As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.

Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.

Continue Reading

News

Interpol fugitive escapes from Botswana

15th April 2024

John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.

Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.

The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.

In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.

At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.

Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.

When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.

 

Continue Reading