Botswana claims Zimbabweans prefer the whip to jail

Botswana claims Zimbabweans prefer the whip to jail

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By Ryder Gabathuse

BOTSWANA on Thursday escalated the row with Zimbabwe over the canning of criminals as a way of punishment, claiming: "Zimbabweans prefer the whip."

A Customary Court president in Gaberone said that contrary to popular belief, Zimbabwean criminals prefer to be caned to avoid imprisonment.

“In most cases Zimbabweans fear being imprisoned and they prefer to be caned as they always fail to pay fines imposed on them. You will notice that Zimbabweans always prefer corporal punishment over other punishments,” said Martin Chilume of Monarch Customary Court.

He dismissed allegations in the Zimbabwean press that Botswana uses corporal punishment on Zimbabweans only. He said that in his court he uses the penal code irrespective of nationality. “We are all equal before the laws of Botswana regardless of our nationality,” he explained.

He said Customary Courts are not “kangaroo courts” as accused persons have a right to appeal. “Corporal punishment is not uniquely a punishment reserved for Zimbabweans,” he said. He added that about 90 percent of cases involving Zimbabweans are theft related. “You will notice that even our state prisons are overcrowded in most cases with Zimbabweans and authorities have been complaining about this state of affairs,” he said explaining why corporal punishment is sometimes necessary.

Zimbabwe's Information Minister Jonathan Moyo has led the choruses of condemnation of the practice, and has urged Botswana authorities to halt the canning. State media which is under Moyo's control has condemned the ‘barbaric’ use of corporal punishment by Botswana against Zimbabwean criminals.

Reports in state-run Herald newspaper quoting Zimbabwe’s chief immigration officer Elasto Mugwadi said the use of corporal punishment against Zimbabweans was unfair.

But Tatitown Customary Court president, Ludo Margaret Mosojane explained that Botswana laws are clear and they do not discriminate against anybody. “We take our decisions based on the principles of law,” she said.

Entering Botswana through ungazetted points, overstaying in the country, shoplifting, are some of the offences commonly committed by the Zimbabweans, she added. “At the Customary Courts, our sentences vary depending on the evidence adduced and other factors. We warn, caution and discharge; some face a fine, imprisonment and or both. Another form of punishment is the administration of corporal punishment,” she said.

She revealed that Zimbabweans shoot themselves in the leg because once they are warned, cautioned and discharged they commit the same offences again. This has necessitated the authorities to impose stiffer penalties.

Mosojane said the allegations raised by the Zimbabwean authorities “ignore the fact that Zimbabweans would have committed offences punishable under the laws of Botswana. Also, they expect us to handle them with kid gloves after committing these offences”. She stressed that Zimbabweans shoplift everyday according to the cases brought to her court.

“That corporal punishment is ‘barbaric’ is nothing but the opinion of an individual and there is a need for individuals to respect the laws of a host country”.
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