The execution of Marietta Bosch in 2001 sparked a big...

The execution of Marietta Bosch in 2001 sparked a big national and international debate on the death penalty in Botswana. Marietta Bosch, a South African national, was convicted of killing the wife of the man who then became her husband. She was the first white person and the fourth woman to be sentenced to death since Botswana's independence from Britain in 1966.
The death penalty 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.
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. Executions cannot take place without a warrant signed by the president. Clemency has never been granted by a Botswana president.
In 1995, an attempt was made to declare capital punishment unconstitutional, but regrettably the Court of Appeal held that it was constitutional.