On Friday 15 January 1999, DITSHWANELO-The Botswana Centre for Human Rights made an urgent application to the High Court of Botswana to stop the execution of Mr Tlhabologang Maauwe and Mr Gwara Brown Motswetla. The execution had been scheduled for Saturday 16 January 1999 at 6:30am. The court granted an interim order suspending the execution. The State has until February 22, 1999 to show cause why the two men should be executed. If the order is confirmed, the executions of the two condemned men will be suspended permanently, and effectively they will escape execution.

Maauwe and Motswetla were sentenced to death in 1995. Their appeal was dismissed in 1997. They further appealed for mercy from His Excellency President Festus G. Mogae. The appeal was turned down in November 1998.

Attorney, Mr. Kgafela Kgafela, of Bashi Moesi Attorneys, acting for DITSHWANELO, argued that the delay in carrying out the death sentence upon the two condemned men constitutes a violation of their constitutional right not to be subjected to cruel, inhuman and degrading punishment. He argued that death effected by hanging by the neck is cruel and inhuman punishment, when, as is the case with Maauwe and Motswetla, they are preceded by a lengthy period of waiting in the death row cells.

DITSHWANELO-The Botswana Centre for Human Rights, respects the right to life . DITSHWANELO condemns all forms of murder whether perpetrated by individuals or by the state under the pretext of punishment. There is no evidence which supports the argument that the death penalty is an effective deterrent. DITSHWANELO believes that any punishment for a crime committed has to be reasonable and justifiable within a Human Rights context. In a liberal democracy, such as Botswana, which is based on freedom and equality, the death penalty is neither reasonable nor justifiable.

18 January 1999
Gaborone