This week, during a parliamentary session, the issue of death row inmates was brought to the forefront by Leepetswe Lesedi, the Member of Parliament for Serowe South, who directed a series of probing questions to Nelson Ramaotwana, the Minister of Justice and Correctional Services.
Lesedi sought clarity on the government’s stance regarding capital punishment, inquiring specifically whether a moratorium on the death penalty has been instituted in Botswana. He requested details on the current number of individuals on death row and questioned why no death warrants have been signed since October 2024, even for those convicted of murder who have exhausted all legal avenues. Further, he raised concerns about the sharp increase in heinous crimes and murder cases since this supposed moratorium, and challenged the government’s apparent prioritization of the rights of convicted murderers over those of the victims and their families. He pressed for information on what measures are being taken to safeguard the rights of victims and their kin.
In response, Minister Ramaotwana reaffirmed the government’s commitment to upholding the law as interpreted and applied by the courts. He acknowledged the death sentence as a legitimate punishment enshrined in the Penal Code and stated unequivocally, “Neither the president nor the government has declared a moratorium on the death penalty.”
He disclosed, “There are 19 prisoners on death row. Of the 19 prisoners, six have been through the court of appeal, and four of them were dismissed by the court of appeal before October 2024, while two were dismissed in 2025.”
The minister explained that, following the dismissal of their appeals, these prisoners submitted applications for mercy, a process whereby the President reviews the case records and representations to ensure all judicial procedures have been exhausted before exercising executive clemency. “No decision has been made on any of the representations yet,” he noted.
Highlighting a critical nuance, Ramaotwana revealed, “It has come to light that three of the six applicants were not heard by the Court of Appeal. Rather, the court dismissed their appeals on the ground that they had not filed their appeals on time.” He emphasized the importance of verifying whether the judicial process has been fully exhausted for each of these three convicts.
Given that some appeals have not been substantively heard, the minister acknowledged the complexity of the situation, which has contributed to the prolonged delay in arriving at an executive decision on the mercy applications.
Turning to broader statistics, Ramaotwana reported that Botswana currently holds 799 prisoners charged with murder or manslaughter, encompassing both convicted individuals and those awaiting trial. Among the convicted, 382 inmates fall into various categories: 19 are on death row; two have been sentenced to life imprisonment; five are held at the President’s pleasure, a designation for those found guilty but deemed to have diminished legal responsibility for their crimes, while 356 serve fixed-term sentences.
He also noted that 417 individuals are currently held as remands, with 238 of these admitted after October 2024. “This means an increase in the number of remands by 57% held for murder/manslaughter, admitted after October 2024,” the minister stated.
To address the repercussions of crime beyond punishment, Minister Ramaotwana highlighted an initiative undertaken by his ministry through the Botswana Prison Service (BPS), the Offender Victim/Family Reconciliation Programme (OVR), launched in November 2021. This program encourages offenders, including those convicted of murder and manslaughter, to acknowledge their responsibility and understand the profound harm inflicted on victims and their families.
“The process allows the offenders and the victims to reconcile, thereby promoting peace and harmony in our communities,” he explained. “The programme is offered to all the offenders, and to date, 396 offenders have reconciled with their victims and families.”