I have chosen to write on the subject of the exercise by any President of the Republic of Botswana of his/her powers under the Prerogative of Mercy, in terms of Section 53 of the Constitution of the Republic of Botswana, which issue has been topical following the so-called "pardoning" of the killers of the late John Kalafatis. The writer's purpose in so doing is not to add heat to what is already an emotive issue; but rather to shed some light on the legal nature of such powers, and the conditions for the appropriate exercise of such prerogatives in future by the current and successive holders of the office of President of the Republic of Botswana.
It cannot be doubted, or gainsaid, that the Constitution of the Republic of Botswana quite clearly and deliberately recognises the notion/principle of separation of powers, and which of necessity dictates the design and disposition of various powers of the State/Government between different branches and organs thereof; and which principle, i.e.separation of powers, compels the functional separation between the Legislature vis-a-vis the Executive vis-a-vis the Judiciary. Consistently therewith, the same Constitution provides, inter alia;
