Kedisaletse Tsobane

Background

Kedisaletse Tsobane was a 49-year-old death row inmate in Botswana. He was convicted of killing his 10-year-old daughter in 2004. The execution took place after his appeal was dismissed by the Court of Appeal.

The offence

Kedisaletse Tsobane killed his 10-year-old daughter, Kgotso Macfallen, on January 20, 2004. The child was a standard six pupil. She was on her way to school on the morning of January 20, 2004 when she was killed.

Police found Kgotso Macfallen kneeling on her knees with a cable around her neck tied to a tree.

Tsobane strangled the child with a rope/electric cable. In his confession statement, Tsobane said:

"I killed the child in an attempt to avoid liability in order to do away with my indebtedness. I was trying to do away with maintenance arrears. I killed the child by strangling it with a rope."

The Court of Appeal later described Tsobane’s conduct as dragging the deceased deep into the bush and trying to make it appear as if the deceased hanged herself.

The Court of Appeal said Tsobane picked the child near her school and drove her deep into the bush, and that his intentions were “evil intentions.”

Investigation

Tsobane was identified as the last person seen with Kgotso Macfallen. The deceased was found kneeling with a cable around her neck tied to a tree. The case involved evidence and findings about how Tsobane tried to stage the death.

Trial

Kedisaletse Tsobane was sentenced to death by the Francistown High Court after he was convicted of killing his 10-year-old daughter in 2004 to avoid paying for her maintenance. Tsobane pleaded guilty to a charge of murder.

Justice Modiri Letsididi sentenced Tsobane to death in Gaborone, Botswana. At sentencing, Tsobane was described as a 45-year-old former Francistown City Council driver. In the sentencing ruling, Justice Letsididi noted that Tsobane had not been candid before the court.

The child's mother died in 2002. Justice Letsididi noted that Tsobane was under legal obligation to maintain the deceased.

Justice Letsididi stated:

"I am of the view that that he intended to rid himself of the problem by killing the deceased. He drove with the deceased to the bush and strangled her to look as if she had committed suicide. 'On the circumstance, aggravating features far outweighs extenuating circumstances in this case.' 'The court is forced to impose the provisions of section 203 (1) of the penal code. The accused is sentenced to death. He is advised to appeal to the High Court of Appeal within six weeks.'"

Appeals

On July 21, the Court of Appeal dismissed Tsobane’s case. In Lobatse, the Court of Appeal upheld the death sentence imposed by the High Court.

Tsobane appealed his death conviction on the grounds that he was heavily intoxicated when he killed the child and that the murder was not premeditated.

The Court of Appeal dismissed the intoxication defence as an exaggeration because Tsobane drove his vehicle through the bushy area to where he killed the child without any mishap.

The Court of Appeal also found there were no extenuating circumstances. Justice Tebbutt said anxiety over one's financial situation could never be a justification for killing an innocent, defenceless, 10-year-old child.

Sentencing

Kedisaletse Tsobane received a death sentence imposed by the Francistown High Court. The Court of Appeal upheld that death sentence.

Outcome

Kedisaletse Tsobane was executed by hanging. Botswana Prisons Services Public Relations Officer, Supt Wamorena Ramolefhe, confirmed his execution and said he was hanged in the early hours of last Friday and buried at the prison cemetery. Tsobane’s hanging followed the dismissal of his appeal by the Court of Appeal. Court of Appeal President Justice Patrick Tebbutt confirmed the death verdict.

Tsobane was executed in Botswana.

The execution occurred after he was described as having been the 42nd condemned person to be executed since independence.