DITSHWANELO welcomes judgment

Correspondent | Wednesday April 27, 2016 11:37

 

The lack of transparency of the clemency process in relation to those on deathrow was brought before the Court of Appeal by local Lawyer Martin Dingake, with the help of DITSHWANELO – The Botswana Centre for Human Rights.

The Court of Appeal stated that most of the issues on appeal had been settled by a consent order between the Attorney General and Dingake’s law firm. On the issues which were not settled by the consent order, the following judgment was handed down in relation to the prerogative of mercy process in Botswana:

1. The Clemency Advisory Committee (CAC) is merely an advisory committee and is not bound by the rules of natural justice

2. The Clemency Advisory Committee may accept reports from those who may have been aggrieved by the actions of the accused (the family of the deceased)

3. Accused persons must be made aware of their constitutional right to apply for mercy

4. The Clemency Advisory Committee must provide reports or information submitted to it, to the convicted person and the attorney

5. The accused should be informed about when the Clemency Advisory Committee is due to meet and whom its members are

6. Accused persons are entitled to pro deo counsel for clemency proceedings and

7. Less than six weeks preparation time for pro deo counsel to prepare a clemency petition (in possession of all relevant documents to be considered by the Committee) would not allow the accused persons to meaningfully exercise their constitutional right to clemency.

The judgment has made clear, part of prerogative of mercy process. It is a welcome development in relation to the death penalty in Botswana. During its 1999 Maauwe and Motswetla case , DITSHWANELO had requested information concerning the workings of the Clemency Advisory Committee. No official response has ever been received by DITSHWANELO. This Judgment provides some of the critical information requested by DITSHWANELO.

The Clemency Advisory Committee is to meet to review reports and provide advice to the President, who will then decide on whether or not to grant Gabaakanye clemency.