State defaults against DIS agents
Mpho Mokwape | Monday May 27, 2024 06:00
By the end of business on Tuesday, the Attorney General Mmako Abram, Commissioner of Police, Dinah Marathe and Director General of the DIS, Peter Magosi had failed to file replying papers against the agents’ interdict application.
The three suspended agents, Pulane Kgoadi, Paul Setlhabi and Kuda Malikongwa, who have fallen out with their boss, had filed an urgent interim interdict application seeking among others against repeated abuse and infringement of their rights by the Botswana Police Service (BPS) and the DIS officers. Attorneys for State from Collins Newman briefly confirmed that they could not file due to the absence of Magosi. “It is true we have not filed yet due to the absence of Magosi.
This is because allegations have been made against him and it is his answering papers we need the more.
What we have now is just a draft and his signature is needed and we are not sure when he will be back,” an attorney from Collins and Newman said. However, despite the confirmed absence of Magosi, sources within have claimed the State is caught between a rock and a hard place because the agents have indicated that should they be pushed they will reveal the story behind their fall out with Magosi.
The fear is that details that the agents may be forced to reveal borders on national security and national secrecy.
Meanwhile, although the State has defaulted, they indicated that the case will proceed as scheduled on Monday where the agents are alleging that their rights have been violated. According to their interdict application, the top agents say their rights have been violated especially their rights to privacy and their homes, the right to privacy of their communication, the right against unlawful arrests and detentions, the right against forced labour, the right to mental and bodily health and the right to access family and legal representation The interim interdict is scheduled for hearing on Monday and the agents say pending the filing and resolution of an application for a permanent interdict, they want the Commissioner of Police and Magosi interdicted from further arresting, detaining, and searching them, without a judicial warrant in connection with criminal and administrative investigations referred to in their letters of suspension. “Marathe and Magosi are interdicted from entering and or searching, without a judicial warrant, the residences of Pulane Kgoadi and Paul Setlhabi, Kuda Portia Malikongwa in connection with criminal and administrative investigations referred to in letter.
They are interdicted from parking their vehicles within 100 metres of the official and other residences of the applicants,” reads the interdict application. The agents, who reportedly held positions of influence in the spy unit being Director of Legal, Kgoadi, Principal Intelligence Officer, Setlhabi and Deputy director of Legal, Malikongwa, also want the Commissioner of Police and Magosi interdicted from demanding their attendance to their offices for duties against any medical certificate issued in their favour by any duly enrolled and practicing medical practitioner .
They wanted that should there be such request to attend to the DIS office, in any case they should give them at least 24hours notice of such interview. In conclusion, the agents said an application for a final interdict shall be filed within 60 calendar days of the order hereof and also the respondents to pay the costs of the suit.