Prisoner’s medical transfer appeal to SA dismissed

Tuesday, September 02, 2025 | 100 Views |

GABORONE COURT OF APEAL.PIC MORERI SEJAKGOMO

The Court of Appeal (CoA) has dismissed an appeal by a prisoner who sought to be transferred from Botswana to South Africa for specialised medical treatment, citing that it lacks the power to override or second-guess decisions made by the Executive branch of government.

The court stressed that the matter involved questions about security, government authority, and the responsibilities of different departments and took the decision not to interfere with what had been set, though it recognised that it was the duty of the government to identify and implement any viable alternatives to help the inmates.

"The court does not have the power to override or second-guess decisions made by the Executive branch of government, unless those decisions are proven to be unlawful," the CoA noted.

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Prisoner’s medical transfer appeal to SA dismissed

The Court of Appeal (CoA) has dismissed an appeal by a prisoner who sought to be transferred from Botswana to South Africa for specialised medical treatment, citing that it lacks the power to override or second-guess decisions made by the Executive branch of government.