The Department of Home Affairs has noted media reports pertaining to the deportation of Mr Edwin Samotse, a Botswana national. Mr Samotse was, until recently, in the custody of the South African authorities. Upon being located in the Republic, the Botswana government sought his extradition to face murder charges.

The South African government, through the Minister of Justice, sought an assurance that a death penalty will not be imposed on Mr Samotse if convicted or that he will not be executed. The Botswana government declined to give such an assurance.

In the matter of Mohammed v President of South Africa and Minister of Home Affairs, both cases relating to Botswana nationals, the courts held that in the absence of such an assurance, the South African government and no official in the employ of government, may not lawfully extradite or deport individuals whose countries still impose the death penalty.

On 13 August 2014, the North Gauteng High Court issued a similar order in the Samotse matter.

However, officials from the Department of Home Affairs, without prior knowledge of the Director-General and without any authority, secured the release of Mr Samotse from the Polokwane Police Station and transported him to the Groblersbrug Port of Entry between South Africa and Botswana, where they handed him over to Botswana officials.

Accordingly, the Department condemns these actions as unlawful and unconstitutional.

In this regard, the Department is in contact with the Botswana authorities with a view to resolving the matter.

The Department has launched an investigation into circumstances surrounding Mr Samotse's removal from custody into Botswana. To this end, the officials involved in the matter have been suspended.

For more information kindly contact Mayihlome Tshwete on 072 869 2477

ISSUED BY THE DEPARTMENT OF HOME AFFAIRS