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The South African Human Rights Commission has been following the case of Mrs Marietta Bosch, a South African citizen, who was convicted of murder and sentenced to death in Botswana. The Commission is concerned about the sentence and has noted from press reports that the government has decided not to intervene in the matter. Consequently, the Commission has written a letter to President Mbeki to intervene with the President of Botswana so that Mrs Bosch might be spared the death penalty.

The Commission is a national institution established, inter alia, to advise government on matters pertaining to human rights. Among these is the manner in which South Africa subscribes to her international obligations. The Commission recognises that the conduct of foreign policy is the prerogative of the executive. However, South Africa's national interests are expressed with due regard to her constitutional obligations. Thus, the Commission accepts that South Africa should respect the sovereignty of other states and maintain good relations with her neighbours. The Commission accepts that the judicial process was fair and just and no criticism of it is being suggested. It was therefore correct that South Africa should not interfere with the judicial process that was underway.

Now that the process has been completed, it is the view of the Commission that South Africa could legitimately use its good offices to make a plea on behalf of Mrs Bosch to the President of Botswana, H E Mr. Festus Mogae, for clemency and to set aside the death penalty. South Africa can do so, not least because had the crime been committed in South Africa, notwithstanding the gravity of the offence, Mrs Bosch would not have been sentenced to hang.

Such an intervention has precedents in international relations. It is not interference in the internal affairs of a friendly neighbour, neither is it a judgement on the death penalty in Botswana. It seeks on the other hand to protect the rights of South African citizens wherever they may be. This the Commission believes is the high duty of any government towards its citizens. To do so would also show South Africa's respect for its own position on the death penalty. Hence the request from the Commission to the South African State President to respectfully request clemency for Mrs Bosch from the President of Botswana. The Commission has also picked up a similar case to that of Mrs Bosch, a South African national has been sentenced to death in Swaziland. The Commission will seek more information and details on this case and if it is similar to that of Mrs Bosch, the same principle would apply.

Contact: Phumla Mthala on 083 288 3339

Issued by: The South African Human Rights Commission, 9 February 2001