THE DEATH PENALTY PROCESS IN LIMBO

Botswana oldest pending clemency petition which has been awaiting a decision from President Duma Boko enters its fourth year. The prisons authorities told this publication that there has been no request for further information, no presidential directive and no warrant in relation to all pending applications For more than three years, a death row inmate has remained in prison awaiting a decision on a petition that could determine whether he lives or dies, according to the Prisons and Correctional Services. The petition, submitted in June 2023, is the oldest pending application for the Prerogative of Mercy currently before President Duma Boko, who has not signed a single death warrant since assuming the presidency.

The Prisons Service says it has not received any requests for additional information regarding the pending applications. The President, or the relevant clemency process, may request information from the Prison Service about an inmate, including their conduct in prison, disciplinary record, rehabilitation, participation in programmes, health or psychological condition and family circumstances. We have not received any requests for additional information by the Presidency as the petitions are still subject to consideration,” the department said.

It further said: “There have not been any directives or warrants from the President in respect of any pending petitions for the Prerogative of Mercy.” The disclosures place Botswana’s death penalty process in a state of uncertainty, with inmates sentenced to death continuing to live under the shadow of execution. “We do not have the competency to judge the executive machinery of government. Therefore, we do not have a comment,” it said.