Capital crimes are: murder, treason, an attempt on...

Capital crimes are: murder, treason, an attempt on the life of the head of state, and the military offenses of mutiny and desertion. In Botswana, an attempt was made to declare capital punishment unconstitutional in 1995, but regrettably the Court of Appeal held that it was constitutional. The death penalty has been in force in Botswana since the country became independent in 1966, but it has not had a noteworthy effect as a deterrent to the escalating crime rate. Statistics compiled by the police indicate a consistent increase in crime since 1966. There was a slight decrease in 1995 but the crime rate picked up again in 1997. In 1997 the Lobatse High Court registered 3,407 criminal cases, of which only 1,240 were resolved, while 2167 cases were still pending. Official statistics show that in 1999, 1,456 cases were registered, with only 306 resolved and 1150 pending. This represents an increase to a backlog of 79% of registered criminal cases. Official figures record 33 executions for capital crimes in Botswana since 1966. The latest person to be hung was Gaolatlhe Khwai, 52, in 1998. Khwai spent 27 months on death row, the longest period spent there by any detainee. The average period on death row is nine months. Before then, on August 26, 1995, five men were hung on the same day. Executions cannot take place without a warrant signed by the president. The death penalty debate has dominated the scene ever since Lobatse High Court Judge, Dudley Reynolds granted two members of the Basarwa ethnic minority, Gwara Motswetla, and Phetolo Maauwe, a reprieve six hours before execution in October 1999 on the basis of a mistrial. It was an unprecedented decision. In Botswana there is no effective legal representation for the poor. Lawyers employed by the state are paid about R390 for a court appearance. A private attorney is paid R2600 for a similar brief. Due to these low fees it is only young and inexperienced lawyers who do such work.