Ministry of Defence Justice and Security (MDJS), has finally scrapped the executioner position and handed responsibility over to the Botswana Prison Service (BPS), after the position failed to attract prospective candidates.
A hangman or executioner, also known as a "public executioner", is a person who officially carries out capital punishment ordered by the State. The executioner is usually presented with a warrant authorising or ordering him to execute the sentence. The warrant protects the executioner from the charge of murder. While this task can be occasional in nature, it can be carried out in the line of more general duty by an officer of the court, the police, prison staff, or even the military.
The immediate past Permanent Secretary (PS) at the Ministry, Segakweng Tsiane, in 2018 told Parliamentary standing committee of Public Accounts Committee (PAC) that the post has long been advertised but with no interest from the public. Following rejection from the public, the government has since decided to do away with the post and handed over the responsibility to the Department of Prison Service.
This week, Secretary for Safety and Security at the Ministry, Pearl Ramokoka however, contradicted the former PS’s words and told this publication that: “There is no specific post of hangman in Botswana Prison Service.” In the past Tsiane said the post has always existed in Botswana, only that it was shunned. Ramokoka who was very brief in her response to the enquiries sent to her, could not share more details in terms of advertisement of the position.
“We have in the past advertised the position and it went for a long period of time without any interest from the public,” said Tsiane when appearing before PAC. Tsiane, just like Ramokoka, could however not state when the position was advertised and how long it took without interest from the public. Neither of the qualification nor the qualities of the hangman were revealed.
WeekendPost is reliably informed that the Prison officers have now been handed the responsibility. The Ministry could not confirm neither could it share the qualities for one to carry out the duty diligently because such information is “classified”. “Due to the personal and sensitive nature of the subject matter, and the information being classified for security reasons, we cannot release or provide information to the media,” Ramokoka responded to this publication’s enquiries.
As a way of phasing out the job from the government structures, the Ministry has already introduced allowance for the prison staff that would carry out the job whenever need arises. There is nonetheless a growing concern within the Prison Services, that despite doing the job they are not accorded the adequate counselling services and allowance for the job. The allowance is a hefty 15 percent of the salary and it is fixed despite an execution taking place irregularly and infrequently.
Those condemning offenders to the gallows are lamenting that they should be given counselling prior and after the act. Furthermore, another concern from those (junior officers) carrying out the job, is the fact that they are not getting a hefty allowance associated with the act but rather the senior officers are. Responding to this publication’s questionnaire Assistant Commissioner Wamorena Ramolefhe could not help as the matter is treated as confidential.
“The subject matter is treated confidential and is not discussed openly especially through media platforms, as it affects members of the Prison Service, their families and the society.” He added that counselling is a continuous process extended to all members of the Prison Service during the discharge of their duties.
SERETSE SENT MORE CONVICTS TO THE GALLOWS
Statistics from the Ministry shows that since independence, over 55 people were given capital punishment. Founding President Sir Seretse Khama executed 17 people from 1966 – 1979. President Sir Ketumile Masire From 1981 – 1998, ensured that 15 convicts were also given the controversial capital punishment. Between 1998 and 2008, President Festus Mogae condemned eight people and from 2008 to 2018, under President Ian Khama’s reign 14 people were killed. President Masisi has already drawn first blood by executing one person.
Capital punishment has been a hot topic in the country, with some quarters calling for it to be abolished, while others belief it is a deterrent measure. 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 whopping 305 murder cases registered. In 2017, the murder cases recorded reached a monstrous 315 from the 305 in 2016. â€¨Two years ago in 2018, the number further escalated to 316, reaching an all-time high – while the death penalty is still in practice.
Botswana is the only country in Southern African Development Community (SADC), who still upholds and practices the death penalty, other member states have either abolished the exercise in law or in practice. While countries across the globe continue to dispose of the practice, Botswana still continues to enforce it, having executed approximately more than 55 people since independence in 1966, most of who were said to be men. Put mildly, Botswana carries out roughly 1 or sometimes 2 executions per year. Meanwhile, Botswana has maintained her position on death penalty over the years with recent pronouncements still on that angle.
A heartfelt message of good wishes from Minister Mmusi Kgafela to his self-exiled brother and Bakgatla paramount chief, Kgafela Kgafela II, this week urged the latter to consider calls for his return to Botswana to visit his tribe and family.
“On behalf of our father’s people, your people, I wish to inform you that Bakgatla are thinking of you, and they miss you dearly. They request that you should find time to visit them. Please come to Botswana to spend some time with them, to see and greet them,” said Mmusi as part of his 50 years birthday message to Kgafela Kgafela II, who has vowed never to set foot in Botswana.
However, Mmusi Kgafela did not shed light on how his brother will deal with the arrest warrant, which triggers once he sets foot in Botswana.
The Bakgatla Kgosikgolo, who went on a self-imposed exile in 2012 to South Africa, faces a decade-old-plus warrant of arrest issued by the Village magistrate court after his non-appearance in Court over criminal charges relating to flogging of his subjects. Kgafela described the charges as ‘political persecution’ before jetting out to his second home in South Africa, Moruleng, where he is also a Chief.
Asked over his views on the complications around the warrant of arrest, Mmusi, a lawyer by training, said, “what people need to understand is that a warrant of arrest is not a prison sentence.”
He continued: “There is a need for reconciliation and discussions to put all these issues behind us. We need to move on. What I have also realized is that the state is not keen on pursuing the matter as they have not sought his extradition,” he said.
In 2017, the then Minister of Defence, Justice, and Security, Shaw Kgathi, told Parliament that the arrest warrant issued against Bakgatla Kgosi-kgolo is still valid.
“….because a Court order once issued remains valid and enforceable unless it is rescinded by the Court that issued it, in this case being Village Magistrate Court. It may also be revoked by a higher court being the High Court or the Court of Appeal,” Kgathi said.
As things stand, the Government will arrest Bakgatla Kgosi Kgafela II if he crosses over to Botswana, Parliament heard.
Kgathi responded to a question by the then Mochudi West Member of Parliament, Gilbert Mangole, who wanted to know if the arrest warrant imposed on Kgafela was still valid. Further, he wanted clarity on what it would take for the Government to trigger the removal of the warrant to enable Kgosi to visit his tribe in Botswana if he so wishes.
Could Mmusi be under pressure to facilitate Kgafela’s return?
Although Mmusi denies the claim, some royal sources opine that he (Mmusi) is under pressure to help President Dr. Mokgweetsi Masisi fulfill his 2019 electoral campaign pledge to the tribe. The President had pledged that he would “not rest until their chief, Kgosi Kgafela Kgafela II, is back home.”
Mmusi, however, says Masisi has not personally engaged him on Kgafela.
Kgafela’s former lawyer, Advocate Sydney Pilane, has in the past told this publication that he suspects that as the leader of the BDP, President Masisi hopes that if he brings Kgosi Kgafela back, BaKgatla may be grateful to the BDP, and benefits might accrue in consequence.
While Mmusi says the matter will need to be discussed and dealt with, private attorney Kgosiitsile Ngakaagae who was prosecuting Kgafela, warned that there is nothing to address or facilitate.
“There is no need for political intervention. Kgosi Kgafela is officially a fugitive from Justice. It’s for the Directorate of Public Prosecutions (DPP) to issue a nolle prosequi (we shall no longer prosecute) to enable his return. Constitutionally the DPP cannot be dictated to by politicians. The matter is beyond the President unless he violates the DPP’s constitutional mandate,” charged Ngakaagae.
“An arrest is intended to bring someone to Court. Secondly, a party who has become aware that a warrant has been issued against them can apply to Court before it is implemented for it to be discharged.”
The only option for the state currently, which the state is reluctant to pursue, is to drop the charges and withdraw the warrant of arrest or decide on a deliberate non-enforcement of the warrant, according to lawyers who spoke to this publication.
In South Africa, President Cyril Ramaphosa recently told his parliament that the deployment of his army to Mozambique had cost close to a billion rand, with the exact figure placed at R984,368, 057. On the other hand, the Botswana government is yet to say a word on their budget concerning the deployment.
In his National Assembly report tabled last week Tuesday, Ramaphosa said:
“This serves to inform the National Assembly that I have authorized the employment of 1,495 members of the South African National Defence Force (SANDF) for service in fulfillment of an international obligation towards SADC, to assist Mozambique combat acts of terrorism and violent extremists in the Caba Delgado province. This deployment had cost close to a billion rand, with the exact figure placed at R984,368,057.”
The soldiers, he said, are expected to remain there for the next three months.
Botswana, however, is yet to publicize its expenditure. Asked by this publication over why they have not and whether they will, the Minister of Defence, Justice, and Security, Kagiso Mmusi, said they would when the time is right.
“As you may be aware, nobody planned for this. It was not budgeted for. We had to take our BDF resources to Mozambique, and we are still doing our calculations. We also need to replace what we took from the BDF to Mozambique,” he said.
This week, President Dr. Mokgweetsi Masisi revealed that the Southern African Development Community (SADC) and the Botswana government would share the sustainment of the Mozambique military combat deployment. SADC has given Botswana its share to use according to its needs.
The costs in such deployments are typically categorized into three parts-boots on the ground or handling the system, equipment, and operational sustenance logistics.
It is unknown how much combat pay, danger pay, or sustenance allowance the soldiers will get upon return. However, President Masisi has assured the soldiers that they will get their money.
Masisi has said deployment comes when the country is faced with economic challenges that have been exacerbated to a great extent by the COVID-19 Pandemic, which is inflicting enormous health, financial, and social damage to all nations.
Botswana has sent 296 soldiers who left on Monday to Mozambique to join the SADC standby force.
Parliament fumes over being snubbed
In the 1994 Lesotho mission, the Botswana Parliament was engaged after the soldiers were long deployed. A repeat of history this week saw members of parliament grilling the executive over snubbing parliament and keeping it in the dark about the Mozambique military deployment.
Zimbabwe pledges 304 soldiers
Meanwhile, Zimbabwe has pledged 304 soldiers to the SADC Standby Force Mission in Mozambique to train an infantry battalion-size unit at a time, Defence and War Veterans Affairs Minister Oppah Muchinguri-Kashiri has said.
In a statement to journalists, Minister Muchinguri-Kashiri said the contingent would consist of 303 instructors and one specialist officer to coordinate the SADC Force Headquarters in Maputo.
Minister Muchinguri-Kashiri said that in terms of Section 214 of the Constitution of Zimbabwe, Parliament would be informed accordingly.
During the Extraordinary Summit of the 16-member regional bloc held in Maputo, Mozambique, last month, member states resolved to deploy a force to help Mozambique contain insurgency in its northern provinces where terrorists have left a trail of destruction that also threatens regional peace.
Former director general of the Directorate of Intelligence Service, Isaac Kgosi has been awarded doctorate in International and Diplomatic Studies by a Slovenian institution-New University after successfully defending his doctoral dissertation last year.
The institution‘s website shows that in February 2020 Kgosi defended his dissertation titled ‘Southern African Development Community [SADC] Diplomatic Conflict Management Response for Enhancing Human Security: The Case of Mozambique.’
“Faculty of government and European Studies hereby certifies that Seabelo Isaac Kgosi born in Francistown, on 15th December 1958 completed all obligations of the international and Diplomatic Studies doctoral programme on March 22,2021. On these grounds the Faculty of Government and European Studies is conferring upon him the scientific title of Doctor of Science in International and Diplomatic Studies, abbr:PhD,” reads the institution’s conferment certificate dated O6 July 2021.
Kgosi’s thesis was a study of SADC’s mediation and diplomacy in the Mozambican conflict that is mainly between the ruling Front for the Liberation of Mozambique (Frelimo) government and forces of the National Resistance (Renamo) that was once mediated by the late former president Sir Ketumile Masire in 2016 when it re-emerged after a revival by Renamo in 2012, driven by several grievances including allegations of economic marginalisation, regional economic imbalances and breach of the 1992 Rome General Peace Accords which had ended the post-independence civil war fought from 1977 to 1992. The escalation of conflict in Mozambique in early 2016 resulted in displacement of citizens in affected areas whilst thousands of people crossed the borders into Malawi and eastern Zimbabwe as refugees.
Efforts to search for and locate the document were unsuccessful at the time of going for press.
Kgosi’s curriculum vitae suggests that he has a Diploma in Mechanical Engineering and a Masters in Intelligence and Security obtained from Brunel University, a public research university located in Uxbridge, West London, United Kingdom. The latter qualification was obtained in 2007.
It is not yet known on whether Kgosi will use his qualifications to seek employment locally or internationally, or will decide to open a consultancy firm in line with his experience and academic achievements once the dust surrounding him goes way.
The former spy chief is currently fighting to clear his name in a series of cases against the state, which accuses him of owing the tax man, capturing images of the intelligence agents, as well as their identity between the 18th and 25th February 2019 as well as the identity cards of the officers engaged in a covert operation of the DIS. He is also accused of instructing Bank of Botswana (BoB) to open three bank accounts that were used to loot public funds amounting to over P100 billion together with former president Lt Gen Ian Khama.
Kgosi has countered on all the cases demanding the evidence which links him to the crimes levelled against him, all of which the state is currently struggling to submit before the courts. The state has lost and appealed the photographs case while the P100 billion case has been described as a big lie by various institutions.