On Wednesday 14 April 1999, Mr Tlhabologang Maauwe and Mr Gwara Brown Motswetla filed an application at the High Court of Botswana challenging a prison regulation which prevents them from consulting their legal representatives in private. The application will be heard by Judge Dibotelo on Friday 16 April 1999 at the High Court in Lobatse. The two men will be represented by Advocate Brian Spilg (SC) and Attorney Kgafela Kgafela, the lawyers engaged by DITSHWANELO - The Botswana Centre for Human Rights.

This is the latest development prior to the hearing of the execution case of Mr Maauwe and Mr Motswetla set for 28, 29 and 30 April 1999. The two men had been scheduled to be executed on 16 January 1999. Due to DITSHWANELO’s intervention, the execution was suspended.

The application filed, on 14 April 1999, by Mr Maauwe and Mr Motswetla challenges the constitutionality of Prison Regulation 75 (1). This regulation provides that ‘... every visit to a prisoner under sentence of death, other than a visit by a minister of religion, takes place in the sight and hearing of at least two prison officers’.

Regulation 75 (1) effectively prevents private consultation between legal advisors and their clients who are ‘condemned prisoners’. Mr Maauwe and Mr Motswetla are concerned that consultation in the presence of those who are not party to the matter and who are not required by law to maintain confidentiality makes it difficult for them to express themselves fully. They argue that the denial of their right to consult their lawyers in private compromises the ability of their lawyers to fully represent them.

DITSHWANELO - The Botswana Centre for Human Rights is committed to the right of all people to equal and adequate representation so that any person charged with an offence is ensured a fair trial. A serious consequence of Prison Regulation 75 (1) is a violation of the constitutional right to a fair trial.

15 April 1999
Gaborone