allAfrica.com: Botswana: To Hang Or Not to Hang is the Question (Page 1 of 1)

The Member of Parliament for Lobatse Nehemiah Modubule has openly declared himself an opponent of the death penalty. He questions the reasons for the upholding of capital punishment by Batswana when most of them profess Christianity.

Notwithstanding what the M.P is saying, the truth of the matter is that the Bible, which contains a code of ethnics for those who profess the Christian religion states unequivocally that whoever kills another human being, must also be killed. It is unfortunate that I cannot quote the exact words used by the M.P on the subject because the Editorial staff of the National Assembly declined to give me a copy of the transcript of his comments on the grounds that this is not permissible.

While Modubule openly rejects capital punishment, he has not come out clear as to whether he is opposed to the manner in which a person guilty of murder is executed or not. Let us not forget-that the method of execution varies from country to country and within countries like America from state to state. I understand that under Islamic law, beheading by sword is prescribed in five countries and stoning for sexual crimes is allowed in seven countries. Botswana has adopted the method of hanging by rope perhaps rightly so. Given the increasing number of rape cases, we may possibly run out of portable stones if not the number of stone-throwers. Is this what the M.P is opposed to or he rejects the death penalty per se.

I was privileged in 1997 to be a member of the Law Reform Committee chaired by Jabob Nkate, which was given the task of sounding the views of Batswana throughout the country on three specific subjects, Capital Punishment, The Public Service Act and cohabitation. The first place to be visited was the Hon. Modubule's constituency. In introducing the subject at the Peleng customary Court, the Chairman said Section 202 to 205 of the Penal Code lays down the basis on which the Court of Law can deem it fit to take away a person's right to life. He said there are certain NGOs like The Ditshwanelo Human Rights group, which have been lobbying for the scrapping of the death penalty. In response, the people overwhelmly said the death penalty should be retained. Obviously this is in stark contrast with the position being taken by the current M.P for the Constituency.

It was during that time that Ditshwanelo gave me a book titled; When The State Kills. In it was a hand written message 'To Hon. J.B Gabaake, Human rights are in jeopardy, with compliments from Ditshwanelo' I have since read the book several times but my position remains the same as that of the people of Lobatse. The most appropriate punishment for all murderers is hanging by their necks until they die. The argument by Amnesty International is that 'No criminal justice system is, or conceivably could be, capable of deciding fairly, consistently and infallibly who should live and who should die.

My question is, 'Is God also incapable of deciding fairly, consistently and infallibly who should live and who should die" The book of NUMBERS says at chapter 35 verses 30 and 32 "anyone accused of murder may be found guilty and put to death only on the evidence of two or more witnesses. The evidence of one witness is not sufficient to support an accusation of murder. Murder defiles the land, and except by the death of the murderer there is no way to perform the ritual of purification for the land where someone has been murdered." I assume that like me, DITSHWANELO accepts the Bible as the word of God, and so does the Honourable M.P.

It was recently reported in the media, that a man shot and killed a suspected thief. It is not clear whether the incident took place during the day or at night. The Bible says at Exodus 22. "If a thief is caught breaking into the house at night and is killed the one who killed him is not guilty of murder." Just like in our courts, the Bible does recognise that sometimes there could be extenuating circumstances in the commission of murder. Exodus 21 verses 12 and 13 says "whoever hits someone and kills him is to be put to death, but if it was an accident and he did not mean to kill him, he can escape to a place which I will choose for you and there he will be safe." The place of safety referred to is the Maximum Security Prison in the case of a life sentence so that those seeking revenge cannot get at him.

If the Hon. M.P feels strongly about this issue of the death penalty, I propose he makes it a campaign strategy for 2009. I can assure him that if he campaigns hard enough he could finally qualify to be a member of our Ex-MPs Club. If this happens, within ten years he could enjoy equal status with the majority of club members who are referred to in Vision 2016 as The Elderly. He could then look forward to some exiting prospects when Government finally implements what Vision 2016 proposes. The Vision says, "There is a challenge to be more innovative in development programmes to define a significant role for the elderly population. What the Elderly are anxious to know is what is this "significant role", when is it due to be finally defined and the idea implemented.

In the absence of any indication as to what these roles are likely to be, one can only speculate as to whether this means an occasional inclusion of one of the people like Archie Mogwe, Dr Chiepe T.J. Molefhe and Kgarebe in some of the President's entourage in his overseas trips if only to demonstrate that they are considered as custodians of Botswana's cultural wealth, values and wisdom? The former President Sir Ketumile Masire has already set a precedent in this regard when he invited Archie Mogwe to join him in his trip to the Congo. Why should Government have to grapple with the problem of Basarwa when we have people like G. Mosinyi, Mpho Motsamai, Kwerepe and Morake who are considered as custodians of Botswana's cultural wealth, values and wisdom as well as historical knowledge.

I fully agree with Kgosi Michael Gaborone that murderers should be hanged. Lefoko la Kgosi le agelwa mosako.

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