Pretoria - The High Court in Pretoria on Thursday reserved its judgment on whether the department of home affairs acted unlawfully and unconstitutionally when it deported a wanted murder-accused back to his home country, Botswana.
This despite a South African court order being issued, stating that Edwin Samotse should not be deported. He faced the death penalty in his country.
Samotse is being represented by Legal Aid and Lawyers for Human Rights.
“The court said that judgment will be handed down on Tuesday, 23 September 2014 at 10am,” said LHR spokesman David Cote in a statement.
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.
South Africa is against the death penalty.
Sapa