Namibian saved from hangman’s noose in Zambia

Namibian national Petrus Swartbooi (38) escaped the hangman’s noose by successive strokes of luck after he was sent to Zambia’s death row for the murder of a Zambian national.

This was disclosed by commissioner general Raphael Hamunyela.

After serving several years in the Zambian dungeons waiting to die by hanging, Swartbooi was sent back to Namibia about two weeks ago in an inmate swap deal between the two countries.

Namibia Correctional Services spokesperson commissioner Michael Mulisa said Swartbooi is currently being reassessed for rehabilitation, after which authorities will assign a correctional facility where he will serve his sentence.

The inmate exchange took place at the Namibia/Zambia border on Tuesday, as per the Transfer of Convicted Persons Act which empowers the commissioner general to initiate processes with any country to enter an agreement on the transfer of convicted persons.

“There were eight Namibian nationals in Zambian correctional facilities and one of them [Swartbooi] was sentenced to death. Zambia had a death penalty which was removed last year, and this person survived from that,” he said.

A conspiracy of fate built up by massive lobbying for the abolishment of the death sentence in Zambia, as well as the agreement to swap prisoners by both governments, have thus served Swartbooi.

Such an agreement has already been entered into with neighbouring countries such as Angola.

Modalities are, however, in place to enter into further accords with the governments of Botswana, South Africa and Zimbabwe, said Hamunyela.

According to the Southern African Institute for Policy and Research, on 12 September 2022, it was reported that Zambian president Hakainde Hichilema had said the ministry of justice had concluded the drafting of a law that sought to repeal the provisions of the Penal Code relating to the imposition of the death penalty.

This was after Hichilema announced on 25 May 2022, that his country had taken a decision to do away with the death penalty.

“We [Zambians] believe in showing the strength of our compassion… We believe in rights for all citizens, including the right to life,” Hichilema said on the eve of Africa Freedom Day.

INSIDE THE NAM/ZAMBIA PRISONER EXCHANGE

In the meantime, of the eight Namibian nationals that were in Zambian correctional facilities, six were approved to come back home this week.

The other two remained in Zambia due to further charges they are facing, Hamunyela said.

“If you have a further charge, you are not allowed to apply,” he said.

Namibia currently has 146 Zambian nationals in its correctional facilities of which 79 applied. However, only 15 have been successfully sent back to serve the remainder of their sentences in their home country.

So far, Hamunyela said 67 Zambians have yet to apply.

He said the reason why few Zambian inmates have been allowed to go back home is because most of those who applied did not have identification documents to prove their nationality.

Once offenders are able to provide evidence of their nationality, Hamunyela said authorities from the home country authenticate this and correspond with the Namibian line minister, who green-lights the prisoner exchange.

“Now during the application process for you to be approved, you have to provide documentary evidence, which is clearly indicating that you are a national of that country. Hence through this process, even though 79 have applied, only 15 were approved and this process is still going on,” he said.

Hamunyela said only inmates who committed an offence and were given a sentence recognised by the laws of both countries qualify for the offender exchange.

“One inmate was given a death penalty. That one could not be transferred in 2021 because Namibia does not have a death penalty,” said Hamunyela.

Once in their respective countries of origin, Hamunyela said offenders do not enjoy any change of their conditions and sentences simply because they have been repatriated into a different jurisdiction.

He, however, said the major advantage in the arrangement is that it facilitates an ease of rehabilitation as offenders will be closer to their families.