Death Row Inmate Fails To Halt Execution

Tsaone Basimanebotlhe | Monday September 23, 2019 12:02

 

Kgosibodiba who has been convicted of murder has written to the President seeking for clemency.

He was convicted for murder of Benjamin Makobela in February of 2012 at Makobo village. Kgosibodiba had stolen a bag of cement and a water container belonging to his employer (Makobela) and then killed him to cover up the crime. Makobela’s decomposed body was discovered inside a hut that the duo used to share.

When dismissing the case, Justice Godfrey Radijeng said the application had gone to the wrong forum. 

“In other words, the High Court does not have jurisdiction to hear application for stay of execution of a death penalty confirmed by the Court of Appeal. The judicial precedent of the Court of Appeal is binding on this court. The application is dismissed with costs.  The rule nisi on the 10th August 2019 is discharged,” Radijeng said.

The Attorney General also challenged the urgency of the application as self created in light of the pending application for clemency filed on September 4, 2018.

Kgosibodiba had filled application seeking a stay of execution pending a main constitutional application that challenges his ordinate delay to have him executed.

He was sentenced to death after failing to find extenuating factors in the February 2, 2012 murder of Makobela. Kgosibodiba also wanted the State to show cause why the matter cannot be heard on urgency and why the execution of the death penalty cannot be stayed pending the determination of a constitutional application to be made in terms of section 7 (1) as read with section 18 of the Constitution of Botswana, within seven days of receipt of the record of proceedings from the Court of Appeal.