At the hearing today (4 August 1999), arguments by the advocate of DITSHWANELO - The Botswana Centre for Human Rights, Advocate Spilg, continued in relation to the application by Attorney General Skelemani.

In his application yesterday, Skelemani sought to exclude DITSHWANELO from the proceedings on the basis that it lacked the right to take the matter to court. He argued that in terms of the laws of Botswana, DITSHWANELO did not have locus standi.

However, in an affidavit filed by the Attorney General in January 1999, the State had indicated that it would not object to DITSHWANELO being a party to the matter as long as Maauwe and Motswetla were made co-applicants with DITSHWANELO. This was done on 22 January 1999.

Today DITSHWANELO argued that it was entitled to come to court on behalf of Mr Tlhabologang Maauwe and Mr Gwara Brown Motswetla who were to have been executed the day after DITSHWANELO obtained an interim stay of execution. This is because life and death issues involve fundamental constitutional rights. Maauwe and Motswetla were not able to go to court themselves to claim that right.

Spilg also argued that DITSHWANELO, as a human rights organisation, was in a position to make sure that the rights of the condemned men were respected and that if DITSHWANELO was not permitted to come to court in this way, the men would now be dead.

In his response, Skelemani, stated that ` we (The State) have no quarrel with DITSHWANELO ... we have no reason to question what they (DITSHWANELO) are doing ... but it is not how credible you are which matters. The question is, have any of your rights under sections 3 - 16 (of the Constitution of Botswana) been abrogated or threatened?’ Skelemani is of the opinion that none of the fundamental rights of DITSHWANELO have been violated and that consequently, DITSHWANELO lacks locus standi.

Tomorrow, Skelemani is to conclude his argument on the locus standi of DITSHWANELO .

4 August 1999
Gaborone