Botswana government issued warrants for their arrest and asked the South African government to extradite or deport the two to stand trial in Botswana, both are being sought in connection with the murders of their female partners in Botswana. The Constitutional Court has to decide whether to allow the extradition, even though the Botswana government has not given an undertaking that Phale would not be executed if found guilty.
Phale and Tsebe took their case to court. Abolishment of the Death Penalty's Steven Budlender SC said he believed Phale and Tsele merited prosecution for the brutal deaths of the two women, but should not face the death penalty. Paul Kennedy, for Amnesty International, argued that the Botswana government's approach was radical and that it had failed to give an undertaking that the death penalty would not be imposed. Marumo Moerane SC, for the Department of Home Affairs, argued that there was no evidence that, if extradited, Phale would be executed. "The mere fact that [the country requesting extradition] has a death sentence is not enough. There must be a connection between infringements of rights and death," Moerane said. Judgment was reserved.
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