Suspect in Tsabong murder walks free in SA
Chakalisa Dube | Friday October 27, 2017 13:39
Keitikile Jampe is the latest beneficiary of a legal loophole other suspects have successfully exploited between the two countries. In the past, other murder suspects have escaped to South Africa which refuses to extradite them unless Botswana provides a written agreement that it will not impose the death penalty on them.The arrangement has reportedly frustrated local judiciary authorities who feel South Africa is imposing its legal system on Botswana’s sovereignty. In recent cases, the Defence, Justice and Security ministry has refused to provide such commitments, leading to stalemates.
As Botswana Police Service (BPS) say Jampe is accused of killing his girlfriend in Tsabong in August last year, a timeline compiled by Mmegi from available data suggests he immediately fled to South Africa after committing the offence.
He was arrested in that country on August 14, 2016 and detained there until this week on Tuesday. Lawyers for Human Rights' detention monitoring head, Kayan Leung told Mmegi that the Non-Governmental Organisation (NGO) had become involved in Jampe’s case and filed a suit against South Africa’s Department of Home Affairs which runs the detention centre where he was kept.
On Tuesday, at the North Gauteng High Court, the NGO argued that the Department had violated Jampe’s rights as South African law states that an immigrant held for an illegal stay cannot be detained for more than 120 days without deportation. In Jampe’s case, it appears the Botswana Justice Ministry did not provide a commitment on the death penalty, meaning no deportation could be possible. “We settled the matter and secured an order in three parts,” Leung said.
“The order says the detention is unlawful because it’s more than 120 days and the Home Affairs has been ordered to release him and that he will have to report to the director of Home Affairs and provide his address.
“There’s also a ban on Home Affairs from deporting or extraditing him without following the Extradition Act which means securing assurance from the Botswana government on the death penalty.” In reaching its ruling, the North Gauteng High Court apparently applied a precedent involving Edwin Samotse, another murder-accused fugitive who is alleged to have killed his girlfriend in Francistown in 2010. Samotse escaped to South Africa and was detained as an illegal immigrant. The South African Home Affairs Department extradited him in August 2014 without assurances from the Botswana government. The Lawyers for Human Rights sued the Department and secured a hard-hitting ruling in their favour.
Meanwhile, Samotse was already in Botswana, but escaped custody again and is believed to be in South Africa. Jampe’s case appears to be murkier however, as local authorities were unaware of his situation or the lawsuit. Police spokesperson, Near Bagali told Mmegi that the police were only aware that he was in South Africa. “We know through investigations that he is in South Africa. When a person commits a crime and flees to another coun,try the normal procedure is to follow diplomatic channels to bring him back to stand trial,” he said.
When asked about the status of the diplomatic process to bring back Jampe to Botswana, Bagali said: “At the moment I do not have much information on that”.
The South African government, at officer level in particular, appears to be growing weary of the abuse of the loopholes, as indicated by the Samotse incident where he was extradited without assurances. The country’s Cabinet has also made moves to shut the loophole, saying South Africa cannot afford to be a “safe haven” for criminals. For now, however, South African law prohibits the government there from extraditing fugitives to countries where they may face the death penalty, without written assurances.