Passion as an Excuse to Kill: Provocation, Adultery, and Infidelity in Botswana

Violence against women is a global scourge. In a concerning number of instances, women are senselessly killed by their partners on the basis of sexual infidelity, or simply for ending the relationship. The approach of the law to such murders has been the source of both controversy and criticism. Of great concern is the fact that, in some jurisdictions, the perpetrator of a murder motivated by jealousy and a sense of betrayal can rely on provocation as a partial defence, thus being convicted of the lesser offence of manslaughter instead of murder. The defence has been criticised for being patriarchal and antiquated. This article assesses application of the partial defence of provocation in Botswana, with a focus on cases in which accused persons kill their victims on account of being aggrieved by their sexual infidelity. Furthermore, the article examines the attitudes of the courts in Botswana to sentencing in these cases, including the treatment of provocation as an extenuating circumstance. The article highlights developments that have been made in other jurisdictions where the provocation defence has either been abolished or modified. Consequently, the article recommends reforms to the provocation defence in Botswana to address the highlighted areas of concern.