Kgathi accused of lying to Parley
Innocent Selatlhwa | Tuesday February 28, 2017 17:12
Kgathi on Thursday told Parliament that ordinary prisoners and prison warders do not play any role in the execution of condemned prisoners. “There is no hangman outsourced for this task, but a selected team made up of Prison officers undertake execution of condemned prisoners in accordance with Section 120 as read with Regulation 78(1) of the Prisons Act (Cap. 21:03),” he said.
He said the law prescribes the method of carrying out the death sentence as hanging and the sentence shall not be carried out in any other way until the law has been changed or amended, adding that there is no consideration to use other methods of execution.
“The death penalty is a legislative provision, and it is only imposed after due process has been followed. Government has no plans to amend the law governing the death penalty,” he said. Kgathi said the law governs the burial of the body of an executed prisoner and that the body shall be buried in the grounds of the prison in such manners as the minister may require.
“The honourable members shall note that a death-row inmate will have met his/her death lawfully through the State implementing a court order. The burial therefore lies with the State, and not with any person.
I wish to state that currently the Government has no intention to amend the law governing the burial of condemned prisoners,” he said.
Keorapetse had wanted to know the number of convicted prisoners executed at Botswana Prisons since 1966; the role of ordinary prisoners and Prison Warders in the execution of condemned prisoners; if there is a hangman sourced from outside Prison staff to carry out the executions; if Botswana is considering other methods of execution other than hanging; when Botswana will stop the death penalty; why families of the executed prisoners are not allowed to have the body of the deceased for burial, prohibited from visiting their graves in prisons gravesite and are not informed of the execution beforehand.
Speaking in an interview, Keorapetse who was away in Johannesburg on Parliament business said guards are forced to carry out executions and are not offered a meaningful counseling prior or after killing condemned prisoners.
“The minister has lied that ordinary prisoners do not play any role; they clean the gallows after execution and are made to dig and fill the grave of the deceased prisoners,” he said.
Keorapetse said this is inhuman and a degrading treatment contrary to the constitution and universal declaration of human rights. He said the state should release the body of the deceased prisoner for burial by the family or allow the family to visit the burial site in accordance with traditional and religious beliefs.
“The whole thing is so secretive there is a need for more transparency on these matters. The state, victims and defence counsel and relatives of the prisoner should know more about the execution including options to witness the execution.
The state refuses because the whole thing is bad. Prisoners are made to clean the gallows and bury the deceased while prison warders are forced to kill against their wishes as they are ordered and not asked to participate,” he said.
Meanwhile, prison warders have revealed in many gatherings that they are forced to execute the inmates, some of whom they may have bonded with over the years of their incarceration. One such forum was a DCEC/prisons department seminar held at Maharaja Conference Centre sometime in 2012.
At the seminar the prison warders said the practice leaves them traumatised but they are not offered any form of counselling.