SA to deport Botswana murderers to face death sentence
Sharon Mathala | Friday June 17, 2016 18:00
This decision by South Africa was reached last week Wednesday to amend the Treaty on Extradition Act.
This comes after years of tension between the two neighbouring countries in relation to matters of extradition in murder cases.
According to the minutes from the government portal, “South Africa will enter into an Amended Treaty on Extradition with the Republic of Botswana, in terms of article 231(1) of the Constitution”. The cabinet agreed that this will enhance relations between the two countries.
“The aim is for more effective cooperation between South Africa and Botswana so as to facilitate the extradition requests received from Botswana where the death penalty is a possible sentence.”
Previously it had been reported that some suspected murder accused persons cross the border to South Africa to avoid prosecution. South Africa abolished capital punishment 21 years ago.
“This underscores that South Africa will not be a safe haven for criminals by providing for the extradition of fugitives and to facilitate the effectiveness of law-enforcement authorities in the prevention, investigation and prosecution of crimes,” South Africa believes.
Before the recent proposal to amend the act, the South African Extradition Law on the Death Penalty prohibited the extradition of accused persons to countries that impose the death sentence.
The South African Constitutional Court abolished the death penalty in 1995. In Botswana however capital punishment is legal. Just last month Patrick Gabaakanye became the 49th person to be hanged since Botswana gained its independence.
In Botswana the death penalty applies to the most serious offences including murder, gruesome armed robbery and treason, among others.
The earliest and perhaps most profiled case that led to division between Botswana and South Africa was the hanging of the South African, Mariette Bosch, in 2001. Despite petitions by her husband and South Africa, Botswana under the then President, Festus Mogae, went ahead and executed Bosch.
Another example is that of the widely reported case of Botswana citizen Edwin Samotse in the South African High Court that declared the extradition to death penalty jurisdiction illegal. In September 23, 2014 the Pretoria High Court ruled that the extradition of Samotse to Botswana was illegal. Samotse was a wanted man on murder charges and faced a possible death sentence.
Samotse was arrested in Francistown in 2010 but escaped and fled to South Africa.
He was re-arrested in South Africa and extradited back to Botswana a year later, this was under the condition that Botswana would assure South Africa that Samotse would not be executed should he be convicted, something which Botswana declined to commit to.
Reached for comment on the recent developments, Minister of Foreign Affairs and International Cooperation, Pelonomi Venson-Moitoi said the South African government has not yet briefed her formally about this development.
Venson-Moitoi however refused to comment on the past ‘tensions’ between the two neighbouring countries on issues of extradition.
She said: “I am not aware of any tension in the past.
I cannot comment on this because I have not been formally fully briefed about it.”