Deported Botswana national ‘in danger’

The life of a Botswana national is hanging in the balance after the Home Affairs Department deported him to his home country were he is facing capital punishment.

Lawyers for Human Rights have now taken up Edwin Samotse’s cause and is taking the department to the high court following the deportation. Lawyers for Human Right’s David Cote said Samotse was deported to Botswana despite an order from the Justice Department that he may not be extradited.

Cote said it was unclear, but Samotse might be accused of murder. “He fled Botswana and was intercepted in Polokwane. There was an extradition hearing in the magistrate’s court and the justice minister asked the Botswana government to give an assurance he will not be killed if deported and found guilty,” Cote said.

Botswana refused to give any assurances and the Justice Department refused to allow the extradition.

“He was then to apply to be let out of jail but that was when immigration deported him,” Cote said.

Samotse was deported from the Polokwane prison in August.

Cote said since then they have not been able to locate him.

“We are not sure where in the system he is. We do not know if he’s had his trial or if he is still awaiting trial. If he has been tried and found guilty, the government can execute him without notifying the family,” he said.

Now, Lawyers for Human Rights and Legal Aid SA want Home Affairs to look for Samotse and engage with the Botswana government so that he will not face the death penalty if convicted. They are going to be in the North Gauteng High Court next Monday.

They also want the department to report back on efforts to investigate how he was deported and what steps it had taken to stop these kinds of deportations as per Constitutional Court judgments from 2001 and 2011.

In 2012, the Constitutional court ruled that Jerry Phale and Emmanuel Tsebe could not be deported to Botswana without prior assurances that the death penalty would not be applied.

Phale and Tsebe were wanted in Botswana for the murder of their partners when they fled to South Africa.

The death penalty can be imposed in Botswana for murder, treason, an attempt on the life of the head of state and military offences guilty of mutiny and desertion in the face of the enemy.

Cote said: “This matter demonstrates Home Affairs’ utter failure to practically implement its minimum constitutional obligations to all levels of staff to ensure adherence to its obligations. This is a concern for everyone who cares about the rule of law - where the government’s non-compliance with court orders undermines our constitutional democracy.”