Botswana frees Zimbabwean armed robber

The Botswana High Court has freed a Zimbabwean, Andrew Hlabangane, who is wanted by South African courts in connection with armed robbery charges.

According to reports, Hlabangane was freed after the Francistown High Court overturned a ruling by a magistrates' court that he must be extradited to South Africa.

Andrew Hlabangane (28) of Hillbrow, Johannesburg was arrested in Francistown last August 2010 with his four suspected accomplices and charged with unlawful possession of three 9mm pistols and 23 live rounds of ammunition.

While Hlabangane and his alleged partners in crime were discharged and acquitted due to lack of evidence. But as the other accused gained their freedom, Hlabangane was left incarcerated awaiting his extradition to South Africa after South African authorities implicated him in a number of robberies that occurred in that country.

In earlier judgements, Hlabangane's application for bail was refused by senior magistrate Pride Rusike.

"The courts of law should not frustrate the bringing of offenders to justice by granting bail to undeserving candidates. The alleged fugitive criminal is a non-citizen of Botswana who does not have a known place of abode in the jurisdiction. He also not a resident of this country according to information availed before this court," said the magistrate.

She said the appellant was a citizen of Zimbabwe wanted for offences of armed robbery and escaping from a lawful custody in South Africa the requesting country for his extradition.

South Africa's Directorate of Public Prosecutions then applied for his extradition in terms of the Extradition Treaty between the two countries.

It is alleged that in March 2005 at or near Douglas in the regional division of the Northern Cape unlawfully and intentionally assaulted and with forcibly took approximately Pula 1 280 144.76 from Donovan Harmse, the property of First National Bank South Africa, under aggravating circumstances by using a firearm.

Hlabangane's lawyer Tshekiso Tshekiso last week told the Botswana High Court that South African authorities had not followed proper extradition procedures, hence his client's detention was illegal.

"Such procedure was not followed in this case because there are no proper documents before the court to prove that."

Botswana High Court judge Justice Makhwade upheld the application and set him free.

Hlabangane and his alleged partners in crime have been since discharged and acquitted due to lack of evidence. But as the other accused gained their freedom, Hlabangane was left incarcerated awaiting his extradition to South Africa.