KILLED: Kalafatis
The Botswana Centre for Human Rights, Ditshwanelo, says there is an urgent need for clear criteria or policy guidelines for the granting of Presidential Pardons.
This follows the recent pardoning of Gotshosamang Sechele, Ronny Matako and Boitshoko Maifala who were convicted of the murder of the late John Kalafatis on 9 June 2011 which the centre feels is inappropriate.
In a statement, Ditshwanelo said while there do not appear to be any criteria for the granting of such a pardon in our law, pardons are generally considered where they will be beneficial to society or in cases where ‘the public welfare will be served by inflicting less punishment than the courts have decided’
The centre gave an example of South Africa where there are internal policy guidelines which are taken into consideration when applications for pardons are processed. These include, the age of the offender at the time of the offence, whether a reasonable period of time has elapsed since the conviction, the interest of the State and the community and the interests of the victim, if any amongst others.
“Without an official statement from the Office of the President explaining the ‘conditional pardon’, Ditshwanelo is not convinced that such executive action can be said to be in the interests of either the State or the community. The safeguarding of the community should be an important factor when a Presidential Pardon is considered for those who were found guilty of such a serious offence.’ Reads the statement
It said as a society which is committed to the Tswana value of ‘botho’, it is important that people be treated with dignity.
“Lack of sensitivity and inappropriate behaviour, have often unfortunately become the hallmark of engagement in our criminal justice system. Families who have suffered loss are forgotten in the midst of official procedures. Families of those who are executed after being found guilty of murder and sentenced to death, are not notified before the execution occurs. Instead, they learn of the execution after it has been effected – often in an official news bulletin on the radio. The family of the late John Kalafatis, had no prior knowledge of the Presidential Pardon. They too, learnt of it after it had been effected – during the radio discussion on 5 June 2012. What has happened to our ‘botho’?, it questioned
Ditshwanelo said while it appreciates the constitutional principle of a Presidential Pardon, it recognises the need for safeguards to ensure that no President uses arbitrary selectivity, acts in bad faith or is wrongly perceived to have done so.
“Ditshwanelo calls upon the Office of the President to ensure that the public is officially informed about such decisions, including the criteria or guidelines which are taken into consideration.”
kalafatis
Tota kgang e ya ga John ga e lebege e ka hela, re e akgela hela re le mo hihing gore gatwe o dirile eng a se dira mang ebile a se dira jang a se dira ko kae, gore o dirilwe eng a se dirwa ke mang a se mo dira jang ha go reng. Tsholohelo mo go tse tsothe ke gore ba malwapa a modiri le modirwa ba ta sidilega maikuto mme ba bone kagiso ka bosakhuteng
Unlike Ditshwanelo i support the death penalty but not without a lengthy trial dat looks at all the circumstances and gives both parties(defense and prosecutors) a chance to thoroughly influence the courts decision.I strongly condemn the conspiracy surrounding this young mans death and all the other guys who have been killed unarmed and in mysterious fassion in the last couple of years by cops,soldiers or any other security guys.Goa tlhobaetsa ele ruri.
Those killers are happy that they are out jail n free,my advice to them is that should just stay inside the BDF camp for their own safety,since justice has not been done,the concerned ones will handle them the street way.friends and family of John are still hurt and angry.
Mthebos ga ba ka ke ba thoka go ba baakanyetsa, toga o utwa gotwe ba ile further studies abroad, or redeployment.
speaking from a civilized angle this should not have occurred if it was done in the correct way. What do aloof heartless people know about how to treat others all they know is their silly material things that when they pass from this world they will leave behind- someone should be seen to be civil about things -extend the olive branch. Make this a better world for the our children
again speaking from a civilized angle the family should have been accorded an inquiry this would have happened if this incident was in a developed civilized country HEAL THE WORLD MAKE IT A BETTER PLACE
I don’t care what happens to criminals! Removing him gave our people some reprieve! Stop criminality and stay alive!
Do it to a person in a position or in a wealthy position and see how they will react. They are also some Dogey wealthy people but they escape being caught. There seems to be one rule for one class of people and another for the disadvantaged.
John R.I.P
If everyone believes that there will be a Judgement Day that no one will escape …..
It does not cost any money for anyone to apoligise
Through it you earn Respect
bogodu jone ke ja eng?gaoka eneella bogodu osa bereke maduo ateng ke bogole kgotsa loso,RIP nothin can b done!
mapodise ba bolailwe ke dikebekwa tsedi tshwana le John mara gago nke gonna le modumo o tswanan le loso laga john ele gore bone gase batho ene one ale specialy gole kae ka ane a senya?tlogelan bokebekwa letla bona le tshela sentle……..
I have never heard of a special criminal like this one in the history of this country! I don’t know what’s so special about him though. People like him have killed and hurt our people and none of this cacophony was ever heard!
Lets look at the obvious,these guys fa ba emelela they were not going to arrest him.And yes it would have been wrong for them to continue serving a sentence when they were following orders cos sooner or later one of them was gona crack.My point is this,before this execution a lot of people didn’t even know John,unlike other criminals whom we see photos of in banks and on tv programmes,so the suggestion that they were ridding society of some threat doesn’t fly.Your assumptions are based on hearsay and rumours.This whole thing stinks so if you gona kill some suspected menace or criminal without a trial or violent reciprocal confrontation,please do it discreetly.Dont go asking his friends,his family where he is and then publicly shoot him at point blank range,riddling his body,head,neck with so many bullets whilst he is unarmed.That is unacceptable cruelty and amateurish.If we are to accept mysterious,inexplicable deaths/disappearances then these guys need lessons in espionage and tactical attacks from their counterparts around the world from Russia,UK to America.
there is no freedom of speech for bloggers kana di unnits lareng kante ka these guy the authors here in Bots bagana ka info.John (RIP) y was he killed like that becoz criminals are locked in and bcome chawed by snrs.
From a civilised angle again there are some people who find it difficult to swallow their pride and do the correct thing
Sometimes it’s easy blame law officers for the mistake they do becoz because you are not involved. It’s football, you will people saying “he shoulld have done this or that” only becoz they are outside. These guys were in a difficult situation. With criminals you make a mistake and you are gone. He was in the car and they were outside, how were they to know that he didn’t have a gun. If you move your hand towards yourside it could mean many things. I think if John wanted to be safe and apprehended, he should have raised his hand and let them move him from the car. What if he had a gun and they didn’t act? One of them could have been killed. May be we have to agree that been a member of the police or that of the army is a thankless job. You act you condemed and you don’t act you are also condemned. If I am spouse, mother, father, brother or sister of one of those three guys I would also have wanted them to act so that they could come back home at the end of their assignment. Batswana nako ngwe lets put ourselves in their shoes, imagine yourselve at that critical time, faced with life or death. I am not talking about orders from high places ka gore ga keitse sepe ka tseo.
I can only say siyabonga Siyabonga! Common sense that is not so common these days! Case like this can’t hinge on one aspect and sheer and politically motivated speculation.
Whatever the motivation was someone needs to do something because the mistake has been done- they need to use their common sense
heish! re ikhuditse bogodu bo ile tlase ka 0.0001% eversince…………..
Good comment Siyabonga. The rules of engagement will not exactly describe the right time to shoot, but your judgement of the situation in the field will. Lemororo go le difficult to convince people why you shot if you did and why you did not shoot if you didnt.The BDF guys had there backs against the wall they had to act.It was note their mistake, they were following orders. Thats why they were never sent to a military court marshal to answer for chagers, they were not even interdicted.the BDF even went a step futher to appoint a lawyer for them.
Perhaps some of us live on the Planet of doing things the civilized way and others do not. They can just do as they please and not even offer some sympathy in the manner it was done my gut feeling says something is fishy