Botswana deportation illegal: Court
The deportation of Botswana national Edwin Samotse was illegal and unconstitutional, the High Court in Pretoria ruled on Tuesday.
He faces the death penalty in his country.
Samotse is being represented by Legal Aid and Lawyers for HumanRights.
At the time of his deportation, Samotse was in custody at the
Polokwane police station while the Botswana government sought his extradition.
After Botswana refused to give assurances that if extradited,Samotse would not face the death penalty, a South African court order was issued to ensure he was not deported.
It was alleged that two home affairs officials who have since been suspended, arranged Samotse's unauthorised deportation, which apparently took place on August 13.
The LHR said it hoped the ruling would lead to the development of standard operating procedures to prevent such deportations in future.
It also wanted the department of international relations to continue to seek assurances from the Botswana government that Samotse would not be executed.
The death penalty was abolished in South Africa i 1995.
(File photo: Gallo Images)