Botswana can escape the hangman

The new president, a human rights lawyer, has the opportunity to abolish the death penalty

- Nkanyiso Mtolo

Lesedi Molapisi, a young Motswana woman, faces possible execution in Bangladesh after she was convicted for drug trafficking.

Her case has prompted Botswana’s government to act, with diplomatic representatives reportedly appealing for her life and calling for her rights to be protected.

Yet this intervention is in stark contrast to its domestic reality, where it continues to uphold the death penalty.

The death penalty is applicable under Botswana’s Penal Code for murder under section 203, unless extenuating circumstances are proven. Other capital offences include treason (section 34), instigating invasion (section 35) and piracy endangering life (section 63.2). The sentence is to be carried out by hanging at Gaborone Central Prison.

Judicial discretion is limited, especially in murder cases. Judges are required to impose the death sentence unless mitigating evidence is deemed sufficient. This rigidity has attracted criticism, particularly from the African Commission on Human and Peoples’ Rights, which continues to urge member states to abolish capital punishment or declare moratoriums.

Historical practice

Since gaining independence in 1966, Botswana has averaged one execution a year. The practice has long been carried out in secrecy. Families are often notified only after the fact, and executions receive little to no public notice in advance. The authorities do not maintain or publish a current list of individuals on death row, further obscuring oversight.

The 2001 execution of South African Mariette Bosch remains emblematic of Botswana's clandestine approach. Bosch was hanged early on a Sunday morning, without her family being informed in time. Her execution sparked international condemnation and cast lasting doubt on the country’s transparency and fairness in capital cases.

Two people were hanged in 2022. No detailed reports followed.

Flawed justification