Category Archives: Botswana

2009: Gerald Dube, from Cell 10

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Eight years ago today, Botswana hanged a Zimbabwean man for slaying four.

Employed by his cousin Patricia Majoko as a filing clerk at her law firm — and also living with Majoko — Gerald Dube went wild when he was fired from the job in 2001 and slew his benefactress, her two children, and also the maid. Whether he was literally legally insane was the last and decisive argument around his case.

A month before his hanging Dube favored the larger public with a letter providing a firsthand account of life with four other condemned men in “Cell 10”, Botswana’s death row. Unfortunately I have not been able to locate this text in its entirety, but it is summarized in this article, which also quotes some excerpts.

Concerning the night of an execution (the doomed are removed from Cell 10 only 24 hours prior to hanging, which is also the extent of their advance notice of imminent death):

A few hours after nightfall, when the last prison lights have gone out and the only sound is the rustle of corrugated iron roofing and the chirping of night insects, the terror that envelopes Cell 10 seems closer and more palpable. Between the time prison officers come to take condemned inmate away, usually around 6 am, until the execution at 6 am the following morning, the inmates of Cell 10 listen in on every sound. Somewhere at the back of your mind you know that your brother is being executed next door.

Every movement from the slaughter house can be heard very clearly in Cell 10. At night, prison warders sit through a night vigil, singing hymns the whole night. Just before 0600 am, there will be complete silence. And the hanging starts. You can imagine the emotional torture that comes with the whole process.

Death row’s more routine torments:

Our day starts at 0500 am, that is when Radio Botswana switches on, and so do the prison lights. 0600 hours, the cell is opened and the only movement we can do is shuffling around the courtyard. Between 0700 and 0730 we have our breakfast. Lunch is served between 12 00 Hrs and 1300 Hrs and supper between 15 00hrs and 1545hrs. At 17 00 hrs we are locked back into the cell. The routine continues until the day the hangman arrives … In between 17 00hrs and 0500hours we do not have access to the toilet. The only toilet available to us is in the courtyard. Once we are locked in our cell we can not access this toilet. When we need to relief ourselves, that is when we need to pee or worse, the only thing at our disposal is a bucket that can only be emptied the following morning. Remember there are five of us using a bucket for whatever relief and this has been going on for years. We are tired of raising this with prison officers who have all been turning a deaf ear.

When we complain, all we get from the officers is verbal abuse. We are reminded that we are on death row and have been condemned to death. We are reminded that we are condemned prisoners and that the Prison Department cannot waste government resources on condemned prisoners. The question we are asking ourselves is whether we forfeited our constitutional rights when we were sentenced to death?

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2008: Kedisaletse Tsobane

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 2008, 49-year-old Kedisaletse Tsobane was executed in the southern African nation of Botswana for the murder of his ten-year-old daughter, Kgotso Macfallen. He was the first person to be executed under the administration of President Ian Khama.

Tsobane approached Kgotso as she was walking to school in Francistown on the morning of January 20, 2004, and offered her a lift. She hopped into his car. Later that day, passersby found the little girl’s body in the bush. She was kneeling on the ground, hanging from a tree by an electric cable.

Arrested the next day, Tsobane quickly confessed to the crime. He pleaded guilty to murder, saying,

I killed the child in an attempt to avoid liability in order to do away with my indebtedness. I was trying to do away with maintenance arrears. I killed the child by strangling it with a rope.

He was supposed to pay 40 Botswana pula, or a little less than $4 a month, but he hadn’t parted with so much as a single thebe since Kgotso’s birth. He was deep in debt and his wife had begun to complain.

Tsobane claimed that a week before the murder, Kgotso’s mother had taunted him about the debt, telling him he had to pay support for a child that wasn’t his. He said he got drunk and high on marijuana and committed the murder impulsively. Upon these mitigating circumstances Tsobane founded his case for commuting the sentence to life in prison.

The prosecution, however, produced a death certificate for Kgotso’s mother: she’d died in 2002 and couldn’t have been teasing him like he said. And the court didn’t buy Tsobane’s plea that he was too intoxicated to realize the nature and consequences of his actions. His own statement that he’d strangled Kgotso and then hanged her from a tree to make her death look like a suicide probably didn’t help his case.

The judge that sentenced Tsobane to death remarked, “In the circumstances, it is not clear why he was driven to commit the offense.” The Botswana Court of Appeal was equally puzzled by Tsobane’s motives. He could have sold his car to alleviate his financial worries, the court noted, but

He did not do so. He had, apparently, never paid any maintenance for the deceased, so even that had nothing in reality to do with her. Why then kill her, in order to get rid of his liabilities?

Whatever his reasons, Tsobane took them with him to his grave.

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2013: Orelesitse Thokamolelo, bad in-law

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Orelesitse Thokamolelo caught six death sentences in Botswana for slaughtering six family members, and on this date in 2013 he suffered the first of them at Gaborone Central Prison.

It all started on a nice visit he paid to his brother Landane Thokamolelo.

The Botswana Gazette reported (May 29, 2013) that “on the second day of his visit, Thokamolelo woke up and demanded to cook food where upon [sic] his brother’s wife and mother-in-law refused.” Whether this was the women’s exacting spirit of hospitality or their fear for the state of the kitchen, their houseguest didn’t appreciate the denial. In the ensuing argument, he “took a knobkerrie and beat his brother’s mother-in-law and his brother’s wife to death.” In for a penny, in for a pound, Thokamolelo then turned the bloodied club on the wife’s four-month-old child.

The brother during all this was out collecting firewood with two other children, and when they returned later that day, Thokamolelo served them the same way, albeit with fresh bludgeons: the brother he overpowered and battered to death with a hammer, after which he pursued the fleeing children into the bush and “killed them with a log.” The doggedness and calculation implied in murdering the second trio must have weighed heavily against Thokamolelo’s attorney’s attempt to float an insanity argument. Not even reefer drives a man that crazy: “After anxious inquiring of mind of this matter, I also find no misdirection by the trial court in considering the effect of dagga taken by the appellant and giving it weight,” an appellate judge ruled in April 2013.

Botswana is not a particularly frequent user of the death penalty, with a single-digit death row and hangings typically separated by several years. (Its most recent was Patrick Gabaankanye, just a few days ago as of this writing.) That small sample, however, holds some uncommonly interesting cases — such as Mariette Bosch and Modise Mokwadi Fly.

Part of the Themed Set: The 2010s.

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2003: Lehlohonolo Bernard Kobedi

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Ten years ago today, Botswana controversially hanged a South African national named Lehlohonolo Bernard Kobedi.

Kobedi was one of three men in a vehicle whose shootout with pursuing police left Sergeant Kebotsetswe Goepamang dead in the village of Palapye in 1993; despite insisting that the lethal bullet was not his, Kobedi was condemned for the homicide.

He resided thereafter on death row in relative obscurity. He was there in December 1999 when white South African emigre Mariette Bosch was sentenced to die, and he was still there 16 months later when she hanged. Bosch’s high-profile case, to hear Kobedi’s lawyer explain it, cast a pall over her client.

“I think it was at that very moment he started feeling that execution was a reality,” Themba Joina* told South African press. “You can imagine what he went through on realising that even international pressure and threats could not save Bosch.”

Kobedi would not enjoy such publicity. “The foreign media were only concerned about Bosch because she is white. Since she was hanged, we don’t see cameras in Botswana anymore,” Joina said.

Even so, he fought zealously for his client. Supported by the Botswana human rights organization DITSHWANELO, Joina mounted (pdf) both a claim of Kobedi’s actual innocence and a challenge to the constitutionality of Botswana’s death penalty. The country’s high court turned him down early in 2003.

It must have been a terrible ordeal for Kobedi. Packed four to a cell, and bracing every morning for the prospect of a sudden execution, the South African was finally put to death in secrecy the morning of July 18, 2003.

“I got cold. I had no hope at all,” one of his cellmates remembered of the hanging-day. But it’s a narrow space between life and death, and this fellow with only one frightening degree of separation from the gallows was the very next week cleared of his charges and released.

* Joina also happens to preside over a Marxist political party.

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2010: Modise Mokwadi Fly, Botswana pol

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this day in 2010, reggae artist, politician, activist and convicted child killer Modise Mokwadi Fly was hanged in Botswana’s capital city of Gaborone.

He was the second person to be executed under the administration of President Ian Khama; the first was also a child killer.

Fly, a South African national, had been general secretary of the Botswana Congress Party Youth League. On November 27, 2006, he killed his two-year-old son, Tawana Mosinyi, with an ax while the toddler slept. Fly maintained until his death that Tawana’s death was accidental and he’d actually been trying to throw his ax at the police who were firing shots at his house from outside. The prosecution believed Fly deliberately killed his son to spite the child’s mother, whom he’d recently quarreled with.

After his conviction on October 17, 2008, Fly apologized to Tawana’s family for his death. He sentenced to hang five days later, then he waited a year and a half for his date with death. Witnesses reported he seemed oddly cheerful and gregarious in court, smiling and chatting amiably with his friends and relatives who attended the trial.

In February 2010, the month before his execution, Fly made an attempt to escape from prison. He was the first prisoner to succeed in escaping from Botswana’s death row — but he was only free for fifteen minutes. After his capture, it was alleged, he was brutally beaten by the guards and then placed in solitary confinement so no one could see his injuries.

If the prison did in fact do this, it didn’t work: the news of the alleged mistreatment became public on March 23. Whether the timing had anything to do with his secretive execution the next day is unclear. Predictably, Botswana’s Department of Prisons and Rehabilitation denied that the prisoner had been abused or placed in isolation.

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2001: Mariette Bosch, love triangulator

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On this date in 2001, Botswana secretly hanged creepy South African emigre Mariette Bosch for whacking her neighbor in order to steal the neighbor’s husband.

That the black widow was actually white only threw the lurid scenario into sharper relief. In the well-heeled enclaves of Gaborone, one Ria Wolmarans was found shot dead in 1996, and inside a month her former husband Tienie Wolmarans had moved in with Mariette Bosch.

The big break in the case came from Mariette’s sister Judith, to whom the murderess had unguardedly confided her love for Tienie prior to the shooting. (The lovebirds’ official story was that their loins only heated up as Ria Wolmarans’ body cooled.) Judith got ahold of the 9mm Mariette had borrowed and handed over to the police what proved to be the murder weapon.

Although the courts found Mariette’s erratic defense — something about hypnotism and her victim’s boss — absurdly implausible, her elite status helped make her the lightning rod for capital punishment in Botswana.

The international attention she attracted, however, simultaneously pressured the government to close the books with a very speedy hanging.

Bosch was hanged at 6 a.m. this date upon 24 hours’ notice to herself and none whatsoever to the outside world: Tienie — who always avowed disbelief that Bosch killed his wife — was turned away from the prison on what he figured was a routine visit the previous day, and found out about Bosch’s execution with the rest of the country when it hit the news two days later. Bosch had to go her last day on earth alone.

Although it remains an emblematic case, Bosch’s disposal hasn’t exactly changed Botswana’s hanging protocol: brief appeals process, executions in secrecy, scant prospect of clemency. The country’s politicians make no apologies about it, notwithstanding the high-profile work of its domestic human rights organization Ditshwanelo. (Here’s its statement on Bosch.)

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