Browsing by Author "Mushininga, Cecilia"

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    A history of the death penalty in Botswana, c.1891-2021
    (Stellenbosch : Stellenbosch University, 2023-03) Mushininga, Cecilia; Swart, Sandra Scott; Dube, Thembani; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of History.
    ENGLISH SUMMARY : This thesis explores the historiography of the death penalty in Botswana. It provides an analysis of how the justice system has applied the death penalty. The thesis locates the idiographic particularities of Botswana within the broader capital punishment histories of southern Africa and draws comparisons. Initially, the thesis seeks to correct theories from human rights activists, who try to ‘purify’ the pre-colonial Tswana communities, claiming that capital punishment was a colonial imposition. It demonstrates that, on the contrary, Tswana communities embraced the death penalty for a variety of crimes although it was applied fairly idiosyncratically and variably. Thereafter, this thesis demonstrates that the death penalty was not politicized during the colonial period – or, at least not to suppress dissent, unlike other countries that waged bitter struggles for independence. Moreover, it contends that even in the post-colonial period the country has not used the death penalty for any politically motivated purposes – at least, not internally. It is arguable that Botswana has not entertained any outside pressure to abolish the death penalty at least partly to assert its independence and sovereignty, refusing to bow to diplomatic pressure. Consequently, the Botswana courts have maintained jurisdiction over crimes that attract capital punishment without any external influence. The thesis also shows changes over time in how Botswana has handled passion killing and ritual murder crimes. It delves deeper into the doctrine of extenuating circumstances and what has been accepted in the courts of law to diminish the moral culpability of the accused at the time of committing the crime. Finally, the thesis explores the abolition movement and how Botswana remains unyielding to international and local pressure calling for the abolition of the death penalty.