Making an application for the alleged fugitive to be extradited to Zimbabwe, prosecutor Omphemetse Makala said to Magistrate Thapelo Buang: “The accused is a fugitive from Zimbabwe who is wanted in connection with two counts of murder. We submit that the papers we received from Zimbabwe sufficiently lay down facts disclosing the charges the fugitive is facing.
According to the Extradition Act, an extraditable offence is categorised as an offence whose minimum term of imprisonment is one year in jail.” In this particular case, Makala continued, in Botswana and Zimbabwe murder is a capital offence.
“We therefore, submit that the offences the accused is facing are extraditable. The provisions of Section 14 of the Extradition Act clearly state that the receiving State should provide a summons for what the fugitive is wanted for, the original documents of the request of the requesting State as well as the reproduction of statements. We submit that the Republic of Zimbabwe has fully complied with our laws and humbly submit that our papers lay out the case of the fugitive to be extradited to Zimbabwe to stand trial,” Makala submitted. Makala also made an application for the fugitive to be remanded in custody pending his extradition to Zimbabwe and the order of the Minister of Justice for the fugitive to be extradited to Zimbabwe. Asked if he had anything to say regarding the prosecution’s application that he should be extradited to Zimbabwe, Ndlovu said that he had nothing to say.
Making a ruling regarding the application by the prosecution, Buang said: “The application for extradition of the accused to Zimbabwe to face two counts of murder is hereby granted. The fugitive shall also be remanded in custody pending his extradition to Zimbabwe.” Botswana and Zimbabwe have signed an extradition treaty.
The treaty partly reads as follows: “The government of the Republic of Zimbabwe and the government of the Republic of Botswana (hereinafter jointly referred as (“the Parties”) and in the singular as (“the Party”); recognising the Bilateral Treaty establishing the Joint Commission for Cooperation between the Parties signed at Zimbabwe on the 30th October, 1982; desirous of establishing and facilitating exchange and cooperation in the area of criminal matters including investigations, prosecutions, and the exchange of information, documents and exhibits on the basis of reciprocity of advantages and mutual interest between the two countries by concluding this Treaty on Extradition (“hereinafter referred to as “the Treaty”).” The extradition treaty is markedly different from how the two countries’ neighbours, South Africa and Namibia, treat fugitives who are charged with murder. South Africa and Namibia do not extradite murder suspects unless they are given assurance that the people they are extraditing will not face the death penalty.
