Patricia Maganu
12 March 2010
Francistown — Botswana Police are struggling to get extradition for a murder accused, Bright Ndlovu said to be arrested in Zimbabwe.
Station Commander for Gerald Police Station Superintendent Motsholathebe Mothibi told the court yesterday that they do not have an extradition policy with Zimbabwe and because of soured relationship with that country at the moment they were failing to bring the accused person to trial.
Mothibi came to update the court about the investigations of the matter when he highlighted to the court that they were experiencing these problems.
Only one accused person, Mkhulile Moyo appeared in court for mention.
"The accused person Bright Ndlovu is arrested in Zimbabwe and we have been battling with Zimbabwe Interpol to extradite the accused person but we have not been successful," he said.
He said that at the moment the police were failing to get the accused person.
"We do not have an extradition policy with Zimbabwe and we even tried to get assistance from the ministry of Defence and Security but we still have been unsuccessful," he added.
Mothibi said that at the moment they do not have good working relations with Zimbabwe.
"It is common knowledge we are not in smooth relations with Zimbabwe and that also makes police operations difficult in the exchange of criminals," said the police boss.
He further said that they are in agreement with DPP to seek advise on the matter.
"We are in agreement with DPP that the docket be forwarded to the powers that be with the available evidence so that a decision can be taken whether to prosecute the accused before court or not," he said.
However, he said that the police felt that they had enough evidence to prosecute the accused.
"We are comfortable with the evidence that we can proceed with this matter with this one accused person," he said.
Information before court is that five Zimbabwean men on August 2 last year killed another Zimbabwean male after a drinking spree in Tati Siding lands.
The accused person before court was arrested and the other four fled and crossed into their country.
Mothibi says later Ndlovu was arrested in Zimbabwe but they are now unable to bring him to trial. Magistrate Peggy Madandume is yet to make a decision on the matter. Moyo will return to court on March 26 for mention.
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Mmmmmm....interesting. A Zimababwen kills another Zimbabwen on Botswana territory and u say Bots should forget about extradition. Interesting....
Usually in Criminal law,the venue of the crime is taken in consideration,when to decide, which court has a jurisdiction.
As far as I know the facts from the Botswana press,the Zimbabweans FLED to their native country.
Therefore it makes sense,to hand the case over to the Zimbabwe's Attorney General,of course after completion of the investigation.
The jurisdiction of a court can be transferred to another court acc.to Rules of Criminal Procedure.
In this case,it makes even more sense,as ALL
suspects and the victim are Zimbabweans.
Extradition is very difficult to achieve,especially if there is NOT agreement.
If all suspects are Zimbabwean citizens and most of them fled to Zimbabwe,it makes sense to hand over the case to Zimbabwe's Attorney General to another judicial authorities.
The venue of the crime is in Botswana,but there are provisions in the Criminal Procedure,which allow to transfer the trial to another country,in case an extradition is not possible.
As far as I know Batswana and Zimbabweans play cat and mouse recently and probably Zimbabwe's investigation organs are looking for revenge for the uproar,which Botswana's Government made,when the rangers,who lost their goats on a foreign territory,were arrested.
Why Ian Khama does NOT study the Immigration laws,before all this noise about the rangers was made!
So...now...forget about extradition,if there is NOT an agreement b/n both countries!