With 16 inmates on death row, Botswana’s new president faces a critical test of his human rights-centred government as the country grapples with the issue of capital punishment that commands much support among Batswana
GAZETTE REPORTER
Under the Constitution of Botswana, the President has the power of clemency. What this means is that before a death sentence can be carried out, the condemned person’s case is referred to the President through the Advisory Committee on the Prerogative of Mercy.
This committee reviews the case and advises the President on whether to commute the death sentence to a lesser penalty, grant a pardon or uphold the execution. The President therefore has the final say on whether the execution will proceed, but this decision is typically influenced by the committee’s recommendations.
Botswana is one of few African countries that still enforce the death penalty, primarily for serious crimes such as murder, treason and certain military offences like cowardice, as stipulated in its Penal Code and the Botswana Defence Force Act.
Moral, ethical and legal concerns
Executions, carried out by hanging, are conducted in secrecy with limited public disclosure. This is a country where public opinion has historically supported the practice as a deterrent to serious crimes.
However, human rights organisations have long opposed the death penalty, citing moral, ethical and legal concerns. They argue that it violates the right to life, that its disproportionately affects marginalised groups, and that it risks wrongful convictions.
Advocates of abolition of the death penalty are calling on Botswana to align with global trends towards abolition and adopt life imprisonment and restorative justice as humane alternatives.
Rehabilitation and human rights
The new administration of President Duma Boko, through the Minister of Justice and Correctional Services Nelson Ramaotwana, recently announced plans to reform Botswana’s prison system, signalling potential changes in the country’s approach to criminal justice.
Speaking to senior officers at the Botswana Prison Service in Mahalapye, Ramaotwana revealed that the Prisons Act would be repealed and replaced with a Correctional Services Act to emphasise rehabilitation and human rights principles.
“The new law will embed domesticated treaties and conventions on the minimum standards for the treatment of offenders,” the minister said. He emphasised the importance of aligning the prison service’s 2025–2029 strategic plan with the human rights-focused policies of the new government.
While the reforms aim to shift from retribution to rehabilitation, they leave unanswered questions about the future of the death penalty. President Boko, a lawyer steeped in human rights, has committed to embedding human rights in governance, raising expectations that his administration might take steps to abolish capital punishment.
Significant resistance
However, it is becoming increasingly clear that any such move would face significant resistance due to strong public support for the death penalty.
Ditshwanelo – which is Botswana’s preeminent human rights organisation – has repeatedly warned that changing entrenched views would require extensive public engagement and advocacy to address concerns about crime deterrence and justice.
As the government pushes ahead with legislative reforms, the fate of death row inmates and the broader issue of capital punishment will test President Boko’s commitment to human rights and set the course for his administration’s policy direction on the troublous question.