Feb. 27
BOTSWANA:
Kgafela buys time for death row inmate
Bakgatla paramount chief, Kgosi Kgafela II, has temporarily kept the hangman at
bay in death row inmate, Gotlhalosamang Gabaokelwe's case. Along with
DITSHWANELO - the Botswana Centre for Human Rights, Kgafela has succeeded in
having the Lobatse High Court refer the case to the Court of Appeal.
Gabaokelwe was sentenced to death and given lengthy jail terms for the murder
of his stepdaughter, his minor biological child and his girlfriend, Keneilwe
Ndolo.
His appeal against the death sentence was recently dismissed by the Court of
Appeal. In their affidavits before court, Kgafela and DITSHWANELO averred that
they are petitioning the court on behalf of Gabaokelwe as they are of the
opinion that he is unable to do so from death row. Kgafela submitted that he is
doing this as a kgosikgolo responsible for protecting the rights of his tribe
and any other voiceless Motswana.
Kgafela argued that his constitutional case against the government is yet to be
decided. He said according to the law, the mere fact that he is challenging the
constitution of Botswana should be enough grounds to stop the government from
carrying out any irreversible decisions like hanging people.
He added that the courts in Botswana have been ignoring biblical principles
arguing that these constitute another law, which the judiciary is founded upon.
He said as a paramount chief, the biblical principles give him the power to
speak on behalf of the voiceless and the vulnerable hence his decision to move
the stay of execution on behalf of Gabaokelwe in court.
On Friday Justice Michael Leburu ruled that the two parties lacked standing, as
they were not mandated by the prisoner to act on his behalf.
Immediately after the judgement, Kgafela rose to apply that the case be
referred to the Court of Appeal for review. He was adamant that another judge
may have a different view. He was advised of his right to appeal the judgement
within six weeks.This means that until the finalisation of the appeal by
Kgafela and DITSHWANELO, Gabaokelwe would not face the hangman. DITSHWANELO
director, Alice Mogwe submitted that she is aware that there is currently a
case before court challenging the authority of the government.
"While I am not directly involved in the case, I am aware that pending the
outcome of such a case, it would be advisable for government to err on the side
of caution by not taking any irreversible decisions such as the implementation
of the death penalty," Mogwe submitted.
Mogwe also said the process that is followed before the implementation of the
death penalty is unreasonable, inhuman and cruel.
(source: Mmegi News)
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