Press release: Home Affairs reports back on how it is responding to Edwin Samotse¹s unlawful deportation to Botswana

Judgment has been reserved in the North Gauteng High Court after the Departments of Home Affairs and International Relations were called to report back to court on the steps taken following the unlawful deportation of Botswana national Edwin Samotse.

Samotse was deported from Polokwane Prison on 13 August this year despite an order of non-surrender from the Minister of Justice. Samotse is charged with a capital offence in Botswana and faces the possibility of a death sentence there if found guilty.

At the heart of today’s proceedings were details of the steps taken by Home Affairs subsequent to the unlawful deportation, on disciplinary measures against implicated officials, measures taken to implement new standard operating procedures at the Department and to ensure this serious breach of the law does not occur again.

Steps taken by the International Relations Department in liaising with their Botswana counterparts to continue seeking an assurance that Samotse would not be executed if convicted, were also the subject of today’s hearing.

The court heard arguments on whether the steps taken by Departments have been adequate.

During arguments, Judge Eberhard Bertelsmann pointed out “the real issue that needs to be answered is on the procedures followed. Were they constitutionally sound and do they need to be amended to prevent future situations?”

He added, “There is something fundamentally wrong with how Home Affairs treats this case and the time has come to find out why this happened and to set it right. “

Bertelsmann also raised the issue of accountability, saying there seemed to be an apparent unwillingness to deal with senior officials which, he argued, was more important than dealing with foot soldiers. It was impossible, he said, for junior staff to carry out a deportation without the approval of head office.

It was also suggested that Home Affairs work with LHR and Legal Aid South Africa to ensure a free flow of communication on the new proposed operating procedures and deportations.

Judgment was reserved.

ENDS