04 Aug 2016

The burial of an executed prisoner is governed by law, in particular Section 120 (4) of Prisons Act CAP 21:03 and Regulation 79 of the Prisons Regulations.

Answering a question in Parliament on Wednesday, the Minister of Defence, Justice and Security Mr Shaw Kgathi said in terms of Section 120 (4) of the act, the body of the executed prisoner shall be buried in the ground of the prison in such manners as the minister may require.

Minister Kgathi explained that the regulation provides for the burial of the body of an executed prisoner, the government shall provide without charge a coffin and such linen material as is necessary to ensure a decent burial.

No relative of friend outside the prison service or any other member of the public shall attend the burial of the body of an executed prisoner;

A minister or religion may be permitted to conduct such brief religious rites at the burial of the body of an executed prisoners as the deceased may have requested, but no further or other ceremony shall take place at the burial.

However, Minister Kgathi noted that a death row inmate will have met his/her death lawfully through the state implementing a Court Order. 

The burial therefore lies with the state, and not with any other person. 

He said  government had no intention to amend the law governing the burial of condemned prisoners.

MP for Gaborone Central Dr Phenyo Butale had asked the minister if he would consider allowing victims of capital punishment to be buried by their relatives. ENDS