Saturday, September 26, 2020

Judges face heavy load during forthcoming appeals session

The Court of Appeal judges will, commencing on 2nd June, hear 22 criminal appeals brought by convicts serving various amounts of years in jail for crimes such as murder, armed robbery and rape.

Besides the criminal appeals, there will also be 15 civil appeals.

Amongst the appellants will be Zimbabwean citizen, Gerald Dube, who was sentenced to death two years ago for murdering four of his relatives in Francistown three years earlier.
Dube is represented by Ookeditse Maphakwane.

If his appeal is dismissed, he is set to become the 31st prisoner to be hanged in the country since 1966.
Dube is one of five condemned prisoners in the country today. Others are South African Mike Molefe, who was convicted of having murdered another man in 2000, and Branson Sampson who was also convicted for murdering another man in the same incident.

The other two are Benson Keganne, convicted of murdering a Phitshane Molopo woman, and Mokwadi Modise Fly, also convicted of murdering his daughter.

The last person to be hanged in Botswana was Kedisaletse Tshobane who was hanged in 2007 for having murdered his daughter.

In the last Court of Appeal, another condemned prisoner, Loeto Baitsholedi, who was convicted for shooting dead another man in the Delta, had his appeal against conviction and sentence upheld and walked home a free man.
It is not yet known when the other appeals against death sentence will be heard.

Besides this case, there are several other appeals for serious crimes, such as murder and rape, where convicts are appealing against lengthy sentences, some of them of 20 years.

Civil cases appeals, which are scheduled to be heard this coming session, include one in which the Botswana National Front is appealing against a High Court judgment, which ruled that Akanyang Magama is the rightful candidate for the party.

In another matter, Bye D Systems is appealing against the decision of the Public Procurement and Asset Disposal Board to award a tender to Systems Consultancy.

A Motswana student, Andrew Babeile, is also appealing against the decision by the Ministry of Education’s to terminate his scholarship.

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