Top DIS agents sue state for unlawful arrest, detention
Mpho Mokwape | Tuesday August 20, 2024 09:18
Following their suspension, the agents said they were subjected to a series of unlawful arrests, detention and searched by the same joint team of DIS officers and the Botswana Police Service (BPS) officers over the same allegations of leaking information. In their lawsuit, the agents’ cause of action arises out of the same facts involving arrests and detention and the respective rights. Their cause of action is that the acts of DIS and the BPS alternatively, officers acting under their specific or general command, were unlawful and/or wrongful as against both of them especially that: *No specific crime was disclosed to them at the time of arrest or during the period of detention warranting such arrest, detention and searches and to date no specific crime has been stated. *No reasonable suspicion existed for them to have committed any crime warranting their arrests, detentions and searches. *No judicial warrants for the arrests, detentions and searches were obtained by the DIS and the BPS when no legally cognisable circumstances existed for non-obtainment of the same. *No lawfully cognisable excuse existed for denying them the assistance of family and access to counsel at arrest and during detentions contrary to their request and to the requests of their families and further contrary to court orders duly issued by the High Court of the Republic of Botswana. *They had committed no offence.
In Kgoadi’s case
It alleged that on March 21, 2024, she was arrested by a combined team of members of the DIS and the BPS, acting jointly and in concert. The arrests were said to be without judicial warrant and that she was detained in BPS cells at the Gaborone West Police Station, in Gaborone. “The detention ended on March 23, 2024. The detention was without judicial warrant. Prior to effecting the detention, a cellphone was seized from her. The seizure was without judicial warrant. On March 23, 2024, she was subjected to a physical search of her person, and her residence by the aforesaid combined team. The search was without judicial warrant,” revealed the lawsuit. She explained that certain items belonging to DIS were seized from her residence by the aforesaid team including but not limited to boots, uniform, holster and other employer issued protective wear. After the search, the 1st Plaintiff’s detention continued until March, 23, 2024, when she was released from custody. The 1st Plaintiff was granted medical leave by a physician following her release from custody. On April 26, 2024, she said she was arrested once again by members of DIS and then released. “At the time I was on medical leave. The arrest was without judicial warrant. On April 27, 2024, whilst on medical leave, I was again arrested and then detained by members of DIS. The detention lasted until April 28, 2024. I was detained in BPS cells, at Urban Police Station, in Gaborone. The arrest and detention were without judicial warrant,” she said.
Setlhabi’s case
On March 20, 2024, he was arrested by a combined team of members of the DIS and the BPS, acting jointly and in concert and that he was detained at BPS cells, at the Urban Police Station, in Gaborone. The detention ended March 23, 2024 and that the detention was without judicial warrant. He alleged that on March 21, 2024, he was subjected to a physical search of his person, his vehicle, and his residence by the combined team aforesaid. The search was without judicial warrant where equipment and protective gear belonging to DIS and lawfully issued to him including but not limited to uniform were seized from his house by members of the 1st and 2nd Defendant. 31. “In the late evening of April 25, 2024 my residence was surrounded by members of DIS who demanded to arrest me. The standoff lasted until April 26, 2024, when I was ultimately arrested by the same team. I was then released. The arrest was without judicial warrant,” he revealed in his claim. Setlhabi also alleged that on April 27, 2024, he was again arrested by members of DIS and was released on April 28, 2024 pointing out that the arrest and detention were without judicial warrant. The agents explained that at all material times the arresting and the detaining officers, being members of the DIS, and members of the BPS, were in their conduct acting during the course of their work and within the scope of their employment. Further that their wrongful actions/conduct were in whole or in part the actions of the Botswana government offices in particular, the DIS and the BPS. In conclusion the agents said the officers of the two organisations acted jointly and in common purpose where they individually suffered harm resulting from such actions as outlined above. “The government of the Botswana is the sole cause of the harm through the acts of the officers which acts are its acts and is liable as against us individually for damage resulting there from. The harm is the fault of the Botswana government. As a result, we suffered harm in the following regard for which the government of the Republic of Botswana is liable and for which they are entitled to compensation,” they revealed.
Kgoadi’s claim as the first plaintiff
*Unlawful Arrest(s) - P 400, 000 *Unlawful Detention(s) - P400, 000 *Breach of Privacy through Unlawful Search of person and home - P400, 000 *Denial of access to family assistance at arrest and during detention- P500, 000 *Denial of access to legal counsel at arrest and during detention in the first instance - P500, 000 In total prays for a judgment in the sum of P2, 200 000. Setlhabi’s claim as second plaintiff seeks *Unlawful Arrest- P400, 000 *Unlawful Detention - P450, 000 *Breach of Privacy through Unlawful Search of person and home - P400, 000 *Denial of access to family assistance at arrest and during detention- P500, 000 *Denial of access to legal counsel at arrest and during detention in the first instance- P500, 000 Prays for judgment in the sum of P 2, 250, 000