Death Penalty: The Government’s Position vs General Public Opinion

Botswana remains the only country in Southern Africa that continues to retain the death penalty. Section 34 (1), Section 63 (2), and Section 203 (1) of the Botswana Penal Code impose the death penalty for several crimes including treason, piracy and murder respectively. An issue of interest regarding this punishment is whether it is appropriate and what the people of Botswana have to say about it.

Upon assuming office, the Umbrella for Democratic Change promised to lead the nation and deliver their mandate with human rights being at the centre of their actions. President Duma Boko has, times without number, emphasised that the death penalty goes against the principles of human rights. He is a staunch opponent of the death penalty. In 2011, President Boko represented a certain Brandon Sampson who was on death row at the Court of Appeal. They sought from the court, an overturning of the High Court’s decision to sentence Sampson to death. In his argument, the incumbent President argued that the death penalty is not a humane form of punishment and went on to argue that the government “should not adopt the standards of the offender”. The Court of Appeal ruled in their favour and the High Court’s decision was in turn overruled. In an interview with “Untold Stories with Rachel Sebinyane”, Brandon Sampson shared his experience of being held in Cell 10, where death row inmates are kept awaiting execution. He makes mention of the trauma of having to expect to meet your demise at any time. Another point President Boko has time and again reiterated is that it is inhumane to have another human being on death row because of the negative psychological effects the experience may bring to the inmate. Some may describe it as a torture of some sort. The Umbrella for Democratic Change’s position on the death penalty is quite clear but what about that of the nation’s electorate? 

What do the voters think?
The UDC government may intend to amend our laws to abolish the death penalty just like all the other countries in Southern Africa. The big question is whether these intentions will be accepted by the people. The vast majority of Batswana support the death penalty. According to a report by Afrobarometer in July 2024, it shows that 82% of Batswana support the death penalty. Many argue that the death penalty is an appropriate punishment, especially in cases of murder, because taking another person’s life is unacceptable. This argument, however, is quintessentially nothing short of illogical because the government, invariably ensuring that executions occur, is in itself committing murder. The feeling toward abolishing the death penalty in Botswana is far from positive because a significant proportion of Batswana argue that if the country was to abolish the death penalty, that we would experience an increase in the number of murder cases recorded. This sentiment strongly shows that the people of Botswana would go so far as to vote the UDC government out of power if they attempted to abolish the death penalty, regardless of whether the electorate holds a specific stance on the issue. 

Such an outlook is shared by almost everyone in Botswana; however, abolishing the death penalty would be a significant step in the struggle to uphold human rights. The right to human life enshrined in our Constitution is directly violated by these executions. The Constitution, in Section 4, accords this right to everyone living in Botswana, yet contradicts itself by exempting offenders convicted of a crime punishable by death from its protection. This makes it difficult to uphold fundamental human rights and makes our justice system look weak because of these contradictions. It would also be in the best interest of our nation to abolish the death penalty as Attorney Kgosi Ngakaagae always argues that our justice system is not advanced enough to complete investigations such as those in murder cases. This makes it difficult to carry out the death penalty because there is a possibility of innocent people being executed, which is a massive problem.

The contradiction between how the government plans to do away with the death penalty and the mood by many Batswana against this move could cause a problem. Which route will the government take?