PRESS STATEMENT - BOTSWANA EXECUTION UPDATE (VI)

On Thursday 29 April 1999, Judge Reynolds granted Mr Tlhabologang Maauwe and Mr. Gwara Brown Motswetla a further postponement in the hearing of their case until 2 August 1999.

The application brought on their behalf, sought the postponement to allow the applicants to introduce further evidence and to permit the Attorney General to deal with the body of evidence which was admitted at the hearing today.

The range of issues raised in the application include the following:

• That hanging is cruel and unusual punishment prohibited by the constitution

• That the arbitrary imposition of the death penalty under Botswana law did not allow the accused a fair hearing

• That the death penalty is incapable of non arbitrary imposition

• That the applicants were subjected to systematic unfairness in the proceedings by which they were sentenced to death.

• The case raises all the dimensions of constitutionally testing the use of the death penalty in Botswana. It also raises the question of effective legal representation for the poor.

The papers admitted also contain evidence of vicious assault on a certain Mr Gwati Monato who died on the night of the assault. Mr. Monato was a suspect in the same case as Mr. Maauwe and Mr. Motswetla.

DITSHWANELO - The Botswana Centre for Human Rights had brought the initial urgent application which was granted by Judge Reynolds on 15 January 1999. The January application led to the interim suspension of the execution of Mr Maauwe and Mr Motswetla. 

29 April 1999
Gaborone