represented by junior and inexperienced lawyers. The Complainants submit that since many people are poor in Botswana they cannot afford legal representation and therefore rely on the pro deo system of legal representation which often results in miscarriages of justice, as illustrated by Maauwe and Motswella v. the State.12 The many weaknesses of the pro deo system were made clear in the appeal case, Ditshwanelo v. Attorney General.13 The Complainants submit that the pro deo counsel appointed by the Registrar in the above case failed to effectively represent the accused person leading to his conviction and sentence to death. Based on the inadequate legal assistance during the trial at the court below, the convicts repeatedly requested for new lawyers when the matter went on appeal, but the Registrar refused to act on these requests. They submitted that it took the intervention of a Ditshwanelo appointed counsel for an order of stay of execution to be issued. Subsequently, a mistrial was subsequently ordered. Without the intervention of Ditshwanelo, the Complainants submit that the two accused persons would have been executed. 52. The Complainants submit that the poor quality of legal representation for capital offence cases in Botswana has attracted concerns from the United Nations Human Rights Committee. As such the Complainants submit that it is not sufficient to simply assign lawyers to capital offence cases as the pro deo system relies to a great degree on inexperienced and underpaid young attorneys. The Complainants therefore submit that to the extent that the pro deo system relies on inexperienced and underpaid attorneys whereas wealthier defendants can engage experienced and competent lawyers means that the decision whether or not to impose the death penalty is arbitrary. 53. The Complainants also submits that the mandatory imposition of the death penalty where there are no extenuating circumstances is arbitrary. In support of 12 13 Court of Appeal Criminal Appeal No. 9 of 1997 MISCRA Case No. 2 of 1999 (14 April 1999) 16 | P a g e