14 Apr 2016

Dr Elizabeth Macharia-Mokobi says by the end of 2015, 102 countries had abolished the death penalty in law or practice.

In Southern Africa, she said South Africa and Namibia were abolitionist in law, Zambia was abolitionist in practice while Zimbabwe, Lesotho and Swaziland retain the death penalty.

She said of the 55 African countries, 36 were abolitionist in practice while 11 continue to execute prisoners for capital crimes.

Dr Macharia-Mokobi said in Botswana, 49 executions have been carried out since independence amounting to one execution every year. She said empirical studies show that capital punishment was not a deterrent.

Dr Macharia-Mokobi said there was violation of fundamental rights to life, dignity and freedom from inhuman and degrading treatment or punishment.

“We are seeking a society where fundamental rights and freedoms of all are protected and as law develops, society should develop with it,” she said.

She said it was time to introspect, assess gains, consider areas for improvement and create a human rights rich Botswana that was conducive for the coming generation.

Mr Onkemetse Tshosa of Tshosa and company said at the international level there was a corpus of legal rules, notably in international conventions which embody and articulate judicial independence.

He said the legal systems of almost every country recognises that judicial officers should be independent, competent and impartial in discharging their functions.

Mr Tshosa said judicial officers at every level of the judicial stratum must not be constrained in whatever form, whether objectively or subjectively in deciding cases, adding that the judicial officers should also adhere to ethical  standards

“The aim of this presentation is to examine and interrogate legal mechanisms for ensuring an independent ethical effective judiciary in the national legal arena of Botswana in the light of international legal standards and practice,” he said.

He said the purpose of the presentation was to find out whether there were firm legal mechanisms for ensuring an effective, fair, independent and competent judiciary. ENDS