PRESS STATEMENT - NAMIBIA EXTRADITION CASE (II)

ADJOURNMENT TO 7 AND 8 NOVEMBER 2000

On 20 September 2000, the 13 Namibians from the Caprivi region appeared for the third time in the Gaborone Magistrates Court. They appeared in court as part of the extradition process for their involuntary repatriation to Namibia. Their case had been adjourned during the last hearing on 14 September 2000 to allow the Attorney for the Defence, Mr. Tengo Rubadiri, to peruse the court file. Mr Tengo Rubadiri wanted to see the request for extradition from the Namibian High Commissioner to Botswana. The law requires that a request must be made by a diplomatic representative or consular officer of Namibia to the Minister of Presidential Affairs and Public Administration of Botswana before the 13 Namibians can be extradited from Botswana.

Mr. Tengo Rubadiri did not find such a letter in the court file. However, on the morning of 20 September2000, Mr. Shakes Busang, the State Counsel, showed him a copy of a letter of request from the Namibian High Commissioner to Botswana.

The Magistrate was given a copy of this letter since she said that it seems as though this letter was missing from the court file.

Mr. Tengo Rubadiri argued that the 13 Namibians were not properly before the court. The letter which was produced by Mr. Busang stated that in addition to this letter a formal request would be made for extradition and there was no evidence of such a formal request.

Magistrate Annah Mathiba said that she could not decide on Mr. Tengo Rubadiri’s arguments because she was the Magistrate who had issued the warrants which brought the 13 Namibians before the court. She said that she was therefore not in a position to determine the validity of the warrants. She further stated that Mr. Tengo Rubadiri could raise his arguments at the High Court. She adjourned the case to 7 and 8 November 2000 to allow him to do so if he wished and also to give him time to file affidavits by the 13 Namibians on the merits of the case.

Magistrate Mathiba in summation, echoed the words of the Chief Justice who said, in relation to extradition proceedings, that “the objectives of the exercise must be considered. It is not a trial but an enquiry.”

DITSHWANELO - The Botswana Centre for Human Rights is concerned about whether or not the 13 Namibians will receive a fair trial if they are extradited to face charges in Namibia.

20 September 2000
Gaborone