Human Rights lawyer, Dr Tshepang Makwati is amongst four recipients of the prestigious REDRESS Innovative Lawyers Awards, granted under the umbrella of the United Against Torture Consortium.
The awards encourage and empower a new generation of lawyers in the anti-torture movement to challenge the use of torture in their communities.
Makwati, a retired army Major runs his own law firm, Makwati T E Law Group with special interest in human rights cases, amongst them, police brutality on citizens.
He says he was drawn into human rights by having, first of all, empathy for the people and then also being aware of the needs of those around him, who cannot necessarily speak for themselves, either because of the fear they have, either because of depression or any other circumstances they find themselves in.
“I felt that the only way I could contribute meaningfully to humanity and get justice for those who are downtrodden is through being a human rights lawyer,” he said.
Quizzed on the main challenges of confronting torture in Botswana, Makwati said human rights is an alien topic. He laments that the first challenge is people do not think they have rights, but rather think that the government grants them rights.
“There is absolutely something we can do. If you hold workshops around the cities and the villages, and also do it in a multidisciplinary manner, where you also involve people, maybe from the medical legal field and those from the psychosocial field and open people’s eyes about what steps do you take if your rights are violated? Where are these rights enshrined? How do you invoke them to assert them in a court of law? Then, you’ve got to keep doing strategic litigation and get it published in the media that is available, so that people can read about that. Those are the two main approaches that could potentially work to raise awareness of human rights,” he said.
In Botswana, Makwati said of torture, it is always law enforcement people. “You’re talking of police, you’re talking of prison wardens, you’re talking of the lesser degree soldiers as well. And this happens in custodial or extra-custodial settings. For example, you could be a suspect in a crime because they just suspect you for whatever reason. Then, they come and pick you up and torture you to confess that you did it, and why you did it. Then, sometimes you will end up confessing, you get seriously injured or wounded, in some cases even dead,” he said.
Makwati said he is currently handling countless cases, not for a fee, but to get justice for the people.
"Periodically, I also gather my students and teach them to win and teach other people. I’ve got about 400 law students that I teach. The results might not come in the next two years, three years, but over the years we’ll have a legacy of having been the pioneers of the human rights movement against torture, to ensure that people don’t get tortured, and the perpetrators get away with it,” he said.
According to Makwati, his biggest victory was securing the first ever prosecution for torture in South Africa and also being able to secure compensation for the victims of torture. ”I’ve lost count now, but mostly we’ve been successful on the civil side of securing compensation, and I think we’ve secured eleven prosecutions so far,” he said.
Makwati said lot has changed since the erstwhile regime was removed in the October 2024 General Election. It appears the new government is more human rights-centred and aims to jettison human rights abuses that were rampant under the previous government. It was indeed a welcome development that the new government is seemingly taking steps in the right direction.
REDRESS is an NGO that pursues legal claims on behalf of survivors of torture in the UK and around the world to obtain justice and reparation for the violation of their human rights.
REDRESS’s Innovative Lawyers Awards aim to recognise the vital work of new and emerging anti-torture champions, expose them to a broader peer support network, provide financial support to pursue public interest litigation and to inspire other lawyers and practitioners. This support is made available through the United Against Torture Consortium, which is funded by the European Union. Other winners of the award are Emilija Švobaitė of Lithuania, Nina Barrouin of Brazil and Manushika Cooray of Sri Lanka.
