Department of Home Affairs officials who played a part in wrongfully deporting a murder accused to Botswana where he could face the death penalty should be charged with attempted murder, the Pretoria High Court heard on Thursday.
The department was attacked for wrongfully deporting Edwin Samotse from Polokwane prison last month, despite several attempts to draw its attention to a non- surrender order from the Minister of Justice and Correctional Services.
In addition the department ignored an interdict prohibiting Samotse's deportation.
Yesterday Judge Eberhard Bertelsmann on several occasions raised the question of whether the officials responsible should be charged with attempted murder.
"If they knew he was facing the death penalty and surrendered him voluntarily, why should this not surmount to attempted murder," he questioned.
The Constitutional Court has previously ruled, in the Emmanuel Tsebe matter, that "deportation, extradition or any form of removal” of individuals who could face the death penalty in their home countries “is wholly unacceptable" since capital punishment is illegal and unconstitutional in South Africa.
Minister of Home Affairs, Malusi Gigaba, was cited as the first respondent in the application, which he is opposing. Home affairs immigration officer Samuel Matlou and the department’s chief immigration officer, Madimetja Mojale were cited as second and third respondents while several other government employees were fingered as possibly contributing to the deportation.
Three home affairs employees have already been suspended and Lawyers for Human Rights (LHR), which represents Samotse, has called for an investigation into how the deportation happened.
Yesterday it emerged that a senior legal advisor at home affairs failed to circulate an email which alerted the department to the non- surrender order granted after Botswana refused to give assurances that Samotse would not be executed if he was sent back home. The email was only opened fives days after it was sent. Another official was responsible for signing off the deportation authorisation.
The department claims that these were "isolated" incidents however LHR said the department was trying to "insulate" senior officials.
Judge Bertelsmann emphasised the seriousness of the department’s actions, questioning whether any "red lights" went off for the officials involved.
"There is a huge responsibility on the department... how can [court] orders that mean life or death lie around and gather dust, while in the meantime the life of a vulnerable individual is left at risk...We are dealing with death," he said.
Home Affairs 'officials' should be charged with attempted murder
Department of Home Affairs officials who played a part in wrongfully deporting a murder accused to Botswana where he could face the death penalty should be charged with attempted murder, the Pretoria High Court heard on Thursday.
The department was attacked for wrongfully deporting Edwin Samotse from Polokwane prison last month, despite several attempts to draw its attention to a non- surrender order from the Minister of Justice and Correctional Services.
In addition the department ignored an interdict prohibiting Samotse's deportation.
Yesterday Judge Eberhard Bertelsmann on several occasions raised the question of whether the officials responsible should be charged with attempted murder.
"If they knew he was facing the death penalty and surrendered him voluntarily, why should this not surmount to attempted murder," he questioned.
The Constitutional Court has previously ruled, in the Emmanuel Tsebe matter, that "deportation, extradition or any form of removal” of individuals who could face the death penalty in their home countries “is wholly unacceptable" since capital punishment is illegal and unconstitutional in South Africa.
Minister of Home Affairs, Malusi Gigaba, was cited as the first respondent in the application, which he is opposing. Home affairs immigration officer Samuel Matlou and the department’s chief immigration officer, Madimetja Mojale were cited as second and third respondents while several other government employees were fingered as possibly contributing to the deportation.
Three home affairs employees have already been suspended and Lawyers for Human Rights (LHR), which represents Samotse, has called for an investigation into how the deportation happened.
Yesterday it emerged that a senior legal advisor at home affairs failed to circulate an email which alerted the department to the non- surrender order granted after Botswana refused to give assurances that Samotse would not be executed if he was sent back home. The email was only opened fives days after it was sent. Another official was responsible for signing off the deportation authorisation.
The department claims that these were "isolated" incidents however LHR said the department was trying to "insulate" senior officials.
Judge Bertelsmann emphasised the seriousness of the department’s actions, questioning whether any "red lights" went off for the officials involved.
"There is a huge responsibility on the department... how can [court] orders that mean life or death lie around and gather dust, while in the meantime the life of a vulnerable individual is left at risk...We are dealing with death," he said.
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