SA lawyers sue Home Affairs

Oarabile Mosikare | Monday September 8, 2014 13:12

The lawyers said in a statement that Edwin Samotse, accused of a murder in Botswana, was deported to that country after fighting to prevent his extradition.

The lawyers want the SA ministry to engage with the government of Botswana to ensure that Samotse will not face the death penalty if convicted. They also want Home Affairs to report on efforts to investigate how the deportation occurred and report what steps have been taken in implementing the clear Constitutional Court judgments from 2001 and 2011 barring this very conduct.

LHR released a statement last week saying that they were appalled at the Home Affairs Department’s blatant disregard for the rule of law by deporting a Botswana national facing the possibility of a death penalty. “This is despite an order from the Justice Minister that he may not be extradited as well as clear and unambiguous law prohibiting Home Affairs from doing so,” read the statement. “LHR will join LegalAid South Africa in an urgent application against Home Affairs after Samotse was deported to Botswana from Polokwane Prison in August. Samotse faces charges of a capital offence. Samotse remains untraceable at this time. We have no idea where he is,” said David Cote, coordinator of LHR’s Strategic Litigation Unit.  Cote said they are dismayed that Home Affairs would ignore the rulings made by the Constitutional Court in these types of cases.

Botswana had requested Samotse’s extradition to stand trial for murder three years ago. According to the statement the Justice Minister in SA recently ordered that Samotse could not be surrendered because the Botswana government declined to give assurances - as required by a previous Constitutional Court judgment.

It is alleged that Home Affairs officials proceeded with his deportation and handed him over to the Botswana authorities.

Cote said: “The Samotse matter raises serious constitutional issues, not only concerning South Africa’s obligations around extradition and deportation of a foreign national to a country where they are at risk of the death penalty, but also about the government’s failure to comply with court orders. This disregard for precepts remains a systemic problem within Home Affairs.”

“This matter demonstrates Home Affairs’ utter failure to implement its constitutional obligations to all levels of staff to ensure adherence to its obligations,” Cote said, adding that, “This is a concern for everyone - where government’s non-compliance with court orders undermines our constitutional democracy”.

Meanwhile, Botswana police spokesperson Assistant Commissioner, Christopher Mbulawa, said that he did not know about Samotse’s deportation. Samotse, 26, allegedly murdered his lover in Francistown three years ago, and the brother of the victim alerted police to his location in SA.