16 Mar 2022

Retention of the Death Penalty

The subject of the execution of murder convicts provoked mixed reactions in all the areas the commission visited. In Tlokweng, Ms Kgakgamatso Modumedisi labelled execution by hanging as inhumane and appealed for the law to substitute it for other forms of punishment. 

She found a life sentence as the more appropriate punishment, but opined that should the law maintain the death sentence it should provide for methods other than ‘cruel’ hanging.

In Mogoditshane Mr Tumelo Molefe, arguing for the retention of the death penalty, said those whom investigations showed had committed murder should be executed without trial.

“Fa ditlhotlhomiso di supa gore motho o bolaile motho a a bolawe fela gone foo, go seka ga tlhola gotwe o a sekisiwa,” he said.

Also calling for the law to provide for speedy prosecution of murder suspects, Kgosi Johane Lesomo of Ramatlabama said at the commission’s meeting in Goodhope that the suspects should also be automatically disqualified from bail.

 Overall, residents in several places suggested that those found guilty of child molestation, cattle rustling, rape and other intrusive crimes, such as armed robbery also be sentenced to death.

Same-sex marriage 

Calls against legalisation of same-sex marriage continue to ring in every village.

When in Tlhareseleele Mr Phakiso Mmasa said any legalisation of the practice would be violation of God’s law, he was speaking for dozens that came before him and had said the same thing, and many others after him.

No amount of reasoning should allow for Batswana to cave in to demands for its legalisation, he said.

However, there have also been intermittent calls for such marriages to be legalised, sometimes by entire communities.

For example, this was the position of  Sikwane residents who sent Ms Omphile Sekano to represent them at the commission’s meeting in Mmathubudukwane.

She said in light of the fact that same-sex relationships were already in existence, it was only fair that the law should acknowledge them and allow them to mature into marriage.

“Batsadi ba re ka gore jaanong marato a bong jo bo tshwanang a setse a le teng a a diragala, ga gona mosola wa gore manyalo a go nna jalo one a ilediwe,” she explained.

In Mochudi, Ms Matshwenyego Moatshe attributed Botswana’s high divorce rate to “people being forced by societal pressure to marry contrary to their sexual orientation”.

Those using the Bible and Christianity to speak against the marriages were wrong, and should not use their religion to subvert the rights of the homosexual community.

Restoration of Dikgosi’s powers

Persistent calls have been made that dikgosi should be given powers; with many suggesting that bogosi should become the fourth arm of government.

Ms Masego Kewagamang of Tlokweng said dikgosi were both anchors and custodians of Botswana’s diverse cultures and the law should recognise that.

Mr Galebidiwe Lombale of Mogobane proposed that dikgosi should in addition to being lawfully recognised by the constitution, be also availed such privileges as official residence and be bodyguards

In Artesia and Mmathubudukwane residents spoke against the election of people to bogosi.  One Mr Olefile Masilo took it further and suggested that a cabinet minister must not appoint dikgosi.

He said this could result in cases of insubordination with dikgosi of lower rank refusing to take instructions from dikgosikgolo, as they would not be the ones who appointed them.

Conduct of legislators in Parliament 

Lucky Lesaumakwe of Mabule was not pleased with what she called ‘uncouth language and indecent conduct’ by parliamentarians. It was time the constitution established a code of conduct for the august house, she said.

Mr Chirwa Matlhoko of Stepping Stone International also objected to the conduct of lawmakers, saying it was shameful and brought parliament into disrepute.

Unemployment benefits

In Mmopane Mr Letlaampona Mokgalajwe proposed that the International Labour Organisation (ILO) convention 102, in particular Part IV, which speaks of unemployment benefit should be incorporated into the constitution of Botswana.  The convention promoted social security, and with Botswana being signatory to the convention, and a bona fide member of ILO, there was no reason why the country could not domesticate it, he said. 

Ms Salome Moatle of Mabalane shared Mr Mokgalajwe’s sentiments, saying the country’s high rate of joblessness called for unemployment benefits.

Mr Aupa Malebye was also of the view that the supreme law of the land should provide for a welfare fund.

Stock Theft

Ms Nkido Pilane of Mmopane submitted that stock theft cases should be the forte of the dikgosi. 

He said the country was experiencing soaring incidents of stock theft because criminals used proceeds from stock theft to hire lawyers who helped them win cases at magistrate courts, leaving poor farmers empty-handed.

Ms Thandiwe Mphinyane, a village extension team chairperson for Leshibitse, also said her community wanted a provision in the constitution that would ensure cases of stock-theft were tried at the kgotla by dikgosi.

Kgosi Frances Letshikhoana felt the law should be stringent to deter stock theft and cross-border crime that he said was rampant along border villages. 

He suggested the constitution should stipulate for round the clock border patrols to curb stock-theft and general crime. Ends