Prominent attorney and former Judicial Service Commission (JSC) member, Tebogo Sebego, has publicly decried what he describes as a 14-month failure to enforce capital punishment in Botswana. In a recent social media statement, Sebego warned that the government’s apparent “unwritten moratorium” on executions risks undermining the rule of law and eroding public trust.
“Capital punishment, when appropriate, remains an essential tool for justice,” Sebego asserted, calling on the state to uphold its constitutional obligations.
Constitutional Mandate and Judicial Commitment
Sebego emphasized that Section 4 of the Constitution of Botswana enshrines the right to life but explicitly allows for capital punishment as a court-sanctioned measure for serious crimes. Drawing on his experience as a member of the JSC from 2010 to 2014, he noted that while judicial candidates held diverse opinions on the death penalty, all affirmed their commitment to enforce the law.
“Capital punishment, when appropriate, remains an essential tool for justice,” Sebego asserted, calling on the state to uphold its constitutional obligations.
Concerns Over Rising Violent Crime
The attorney’s critique comes amid reports of rising or persistent violent crime rates. Sebego questioned the legality and effectiveness of the current 14-month hiatus in executions, arguing that the gruesome nature of reception crimes is a cause for national alarm. He contended that when they government fails to execute court orders, it risks making a “joke” of the entire justice system.
Sebego’s comments highlight a deepening divide in Botswana:
Public Support: Recent Afrobarometer data indicates that over 80% of Batswana favor retaining the death penalty.
Executive Restraint: Since taking office in late 2024, President Duma Boko, a human rights lawyer has not authorized a single death warrant, maintaining a hiatus that now impacts approximately 17 inmates on death row.8
Regional Context: Botswana remains the only country in Southern Africa actively practicing capital punishment following Zimbabwe’s abolition of the practice in late 2024.
Sebego insisted that the state must exemplify the rule of law by actively engaging in strategies to curb violence rather than leaving citizens to navigate the turmoil alone.
“Upholding the law is not merely a matter of legality but a profound moral obligation,” he concluded.
