Ditshwanelo hosts Death Penalty dialogue
Correspondent | Tuesday February 23, 2016 13:52
The dialogue was facilitated by Justice Lovemore Paul Chikopa, Judge of the Malawi Supreme Court of Appeal. Participants included Attorneys Kgosi Ngakaagae and Martin Dingake, University of Botswana Law Students, Botswana Council of Non-Governmental Organisations (BOCONGO) and the media.
The purpose of the dialogue was to promote informed public debate on the death penalty, specifically, on the right to dignity in 21st century Botswana. This was a civil society contribution towards the implementation of Botswana’s 2013 UN Universal Periodic Review (UPR) commitment, to ‘hold dialogue about the death penalty’.
Some of the key issues raised during the dialogue were:
- This year is 2016 African Year of Human Rights, with Particular Focus on the Rights of Women. There needs to be clear State commitment to the implementation of human rights in Botswana;
- The Death Penalty is part of our inherited colonial legislation, following 85 years as a British Protectorate (1885-1966);It is 50 years since independence;
- It is time to reflect on where we have come from over the past 50 years, where we are presently and where we would like to be in 50 years’ time;
- The criminal justice system is not insulated sufficiently to prevent miscarriages of justice. It was noted that there is no perfect legal system anywhere in the world;
- ‘Access to justice’ should be guaranteed for both the rich and the poor. Currently the poor lack true access to justice;
- Pro Deo attorneys are under-resourced and therefore unable to adequately represent indigent clients who are charged with capital offences which may lead to the death sentence;
- There should be effective representation for those who could be sentenced to death;
- There is a need to involve the Judiciary when holding dialogues and conversations about the death penalty;
- There is a need to focus on the rehabilitation aspect of the criminal justice system within a restorative justice. This is in contrast with focus only on punishment, within a retributive justice system;
- Alternative sentences to the death penalty need to be thoroughly explored;
- The deterrent factor of the death penalty ought to be verifiable. Currently it does not appear to prevent murder (not a deterrent);
- There is need to locate, analyse and understand death penalty discussions within a broad socio-political and economic context;
- In determining the moral blameworthiness of the accused persons, their personal upbringing and influential factors which shaped their person should be considered by the court;
- Sentencing should have the dual purpose of punishment and addressing the cause of the offence;
- Where applicable in law, the death penalty should not always apply, but should be limited to certain circumstances – for most serious crimes such as murder;
- There is need for the Judiciary to be exposed to the realities of the death penalty;
- There are no known procedures or transparency concerning the clemency process; and
- There is need for more information about what the penalty of death actually entails.
DITSHWANELO was encouraged to engage in more public awareness raising activities with different stakeholders about the death penalty in Botswana.
We would like to thank our sponsors, The British High Commission, and friends of DITSHWANELO for participating in the dialogue. We appreciate all the support.
Ditshwanelo
Gaborone