to such a procedure. According to the Complainants, the Attorney General
responded on 26 August 2015, refusing to provide any information regarding the
clemency process or to advise the President to convene the Advisory Committee
on Prerogative of Mercy Committee in order to determine the procedure. In this
letter the Attorney General stated that the President does not ordinarily convene
the Advisory Committee on Prerogative of Mercy if he has not received a clemency
petition.
7. The Complainants further allege that following the Attorney General's refusal to
grant his request, the Victim through his lawyer filed a notice of motion with the
High Court on 2 September 2015 indicating his intention to challenge the lack of
established procedures for considering clemency petitions in direct contravention
of section 54(1) of the Constitution. In the motion, the Victim requested that the
Court direct that he be provided with a copy of the Advisory Committee on
Prerogative of Mercy's regulations with respect to granting clemency. If no such
regulations existed, the Victim requested that the Court should direct that the
Committee convenes in order to determine a procedure for the application of the
prerogative of mercy in accordance with section 55 of the Constitution, provide the
Victim with details of this procedure, and advise him as to what information they
may consider to support the petition for clemency.
8. The Complainants state that the Victim also indicated his intention to challenge
the imposition of the death penalty by way of hanging in that execution by hanging
constitutes inhumane and degrading treatment violating section 71 of the
Constitution of Botswana. The Victim also indicated his intention to make an
application for an interim interdict against the President and others to prevent
them from signing his execution warrant while the above matters were awaiting
resolution and without first affording him a fair hearing, in accordance with the
principles of natural justice before the Committee as set out in section 55(1) of the
Constitution.
9. The Complainants allege that the notice of motion was refused by the High Court
on 7 December 2015. The Victim filed notice of his intention to appeal against the
decision of the High Court with the Court of Appeal on 15 December 2015. The
Victim requested that the Court of Appeal refer the matter back to the High Court
to determine the substantive application for procedural rights relating to a
clemency application or in the alternative, that the Court of Appeal itself determine
the issues.