Press statement: Botswana Deportation Application Stood Down until Thursday 18 September 2014 at 10am

The matter of Samotse v Minister of Home Affairs and others, challenging the deportation of a Botswana national to face charges where the Government of Botswana refused to give assurances that the death penalty would not be imposed, has been stood down until Thursday 18 September 2014 at 10am on the urgent roll of the North Gauteng High Court.

Mr Samotse was deported from South Africa on 13 August 2014 despite a certificate issued by the Minister of Justice and Correctional Services that he may not be extradited due to the risk of facing the death penalty if convicted on charges of murder in Botswana. Legal Aid South Africa is representing Mr Samotse. LHR has applied to intervene as the second applicant, and seeks an order requiring the Department of International Relations and Cooperation to continue to seek assurances against the death penalty and requiring the Department of Home Affairs to conduct a full investigation on how this deportation could have occurred contrary to well established law. An order is being sought compelling DHA to report back to court on its engagement with Botswana, and internal investigation.

Legal Aid and LHR will file their final replying papers tomorrow for hearing on 17th September.