Death penalty bungle

Botswana citizen Edwin Samotse - now possibly languishing in jail in that country - is the subject of frantic cross-border diplomatic efforts to save him from execution if he is convicted of murder.

The Botswana government sought Samotse's extradition after learning he had slipped into South Africa. South Africa refused to repatriate him when Botswana would not give assurances that he would not be sentenced to death if convicted.

But, because of what seems to have been a bungle by Home Affairs, Samotse was deported to his home country.

Now all Home Affairs can hope for is that its error will not lead to Samotse's death.

Department spokesman Mayihlome Tshwete said yesterday that there was as yet no indication that the authorities in Botswana would comply with South Africa' s request that he be returned to this country immediately.

"We are fighting for him to be returned [to South Africa] because the way in which he was deported was unlawful," Tshwete said.

Samotse had been kept in a Polokwane police station's cells. The Pretoria High Court prohibited his deportation on August 13.

"Officials from the Department of Home Affairs, without prior knowledge of the director-general and without any authority, secured the release of Mr Samotse from the Polokwane police station and transported him to the Groblersbrug port of entry between South Africa and Botswana, where they handed him over to Botswana officials," said Tshwete.

The circumstances of the officials' unauthorised actions are now the subject of an internal investigation. The officials involved have been suspended.

According to the extradition agreement between South Africa and Botswana, South Africa cannot surrender anyone without receiving assurances that Gaborone will not impose the death penalty.

But over the years South Africa has had little luck in cases regarding fugitives from Botswana.

Botswana law allows the death sentence for murder and treason, as well as for an attempt to kill a head of state and for mutiny.

There have been a number of cases over the years involving South Africans that ended with Botswana imposing the death sentence.

South Africans Lehlohonolo Kobedi and Mariette Bosch were both put to death in Botswana.