Drunk driving case proves DIS officers above the law
A Police Officer investigating a case in which a Directorate of Intelligence and Security Services (DISS) official was nabbed for drunken driving during surveillance this week fell short of admitting that the organ officials are above the law.
The DIS operative, Galani Nnadzwa has been accused and warned of drunken driving while “on duty” but he is yet to be charged and face the wrath of the law. The DIS agent was involved in a freak accident with one Tapiwa Ndwapi and only Ndwapi got charged despite both having been found to have been driving under the influence of alcohol.
A lawyer representing Ndwapi, Uyapo Ndadi of Ndadi law Firm told the WeekendPost: “my client got involved in a motor vehicle accident with a security agent on duty. They were both drunk but they only charged my client.” When further interrogating the investigating officer, Molefhi Seleke before Gaborone Extension II Magistrate, Lenthabile Willy in court, Ndadi asked why the DIS agent was not charged and whether he was above the law.
In response, the investigating officer said he did his part in the matter by investigating and has since passed the case to the Police Prosecuting unit. “The only information I have at this time is that the case is at prosecuting Unit,” he said. He further confirmed that it has been more than two years and nothing has happened since the case has been there and no charge has been laid on the DIS personnel. This is despite the fact that the other party had been arraigned before court several times.
“The accused, my client has a charge sheet already. She appeared before here. She is here facing charges. But they committed the same offence,” Ndadi insisted, adding that his client was even denied legal representation prior to taking the breathalyzer test. However the DIS official maintained to court that he drank and drove because he was on duty. “It was done because I was on duty at the time,” he maintained.
Ndadi then interjected to ask him whether the law allows for drunken driving by the intelligence operatives even though it puts other lives in danger. In response Nnandzwa said the law allows for no drinking and driving but “with exceptions” to the spy agency as they are governed by “some rules” which he stated have worked for them during clandestine operations/surveillance.
“It has always been lawful and acceptable for years despite this particular mistake that happened,” the intelligence official justified adding that their training dictated the operative may be undertaken through drinking and driving. Ndadi asked whether the intelligence division has not become a law unto themselves and trained to violate the law.
The maverick lawyer then put it to Nnandzwa that the constitution as the supreme law provides that no one is above the law even the DIS and it is fair that both of them since they were driving under the influence of alcohol – face the wrath of the law. According to summary of evidence before court, the Police main investigating Officer Seleke stationed at central police under the traffic branch, attended the road accident involving the two motor vehicles being Isuzu KB registered B463ATD driven by Ndwapi and a VW Jetta B760AYK driven by Nnandzwa.
“He drew the sketch plan and also investigated the cause of the accident. During confrontation he detected smell of alcohol from the driver of B463ATD and explained his suspicion to the two drivers and further invited them for an alcohol test,” he observed in the court statements.
Before the test, he narrated to them that they are not obliged to provide breath into the machine but failure to do so without reasonable excuse is an offence. He also explained to them the permissible limit of alcohol which is 0.22mg/l and both drivers blew into the machines and “their results were above the prescribed limit”.
The witness after investigation came to the conclusion that the driver of B463ATD was liable for a charge of driving without due care and attention and for driving a motor vehicle whilst the alcohol content in his breath exceeded the permissible limit. He warned and cautioned the accused for the offences as now charged. However the DIS operative remains not charged in the same accident.
DIS officials above the law? Isaac Kgosi still yet to be charged
The case comes at the backdrop of recent cases by ex DIS Director Isaac Kgosi being omitted from prosecution in the ongoing case of money laundering involving Bakang Seretse and company which opened a can worms. It is understood that Seretse has divulged in his affidavit before court that the P250 million transfers to an Israeli company named Dignia Systems’s bank account were at the written instruction of the DIS former chief.
High Court Judge Godfrey Radijeng even stated in his judgement in December that “the applicant averred that the P250 million disbursement to a Khulaco (Pty) Ltd account at Capital Bank was not approved by the NPF Management Committee, did not follow established procedure for disbursements, there was no tender for the project, and one Kenneth Kerekang alone purported to approve the request by the Directorate of Intelligence and Security (DIS) on same date (7th August 2017) the request was made by DIS.” Seretse’s lawyer, a Gaborone based brave attorney, Kgosietsile Ngakaagae also has maintained that Kgosi should also be prosecuted in the matter but to no avail.
You may like
The curtain came down at the PAP session with pomp and FUNFAIR
It was pomp and funfair at the Pan-African Parliament (PAP) on March 18 as the African Cultural Music and Dance Association (ACUMDA) brought the curtains down on the PAP session with a musical performance.
The occasion was the celebration of the Pan-African Parliament Day (PAP Day) which commemorated the inauguration of the first Parliament of the PAP on 18 March 2004 at the African Union Headquarters in Addis Ababa, Ethiopia.
The celebrations took place at the seat of the Parliament in Midrand to “reflect on the journey” as the institution turns 19. The event sought to retrace the origin and context of the establishment of the PAP.
The celebrations included musical performances by ACUMDA and a presentation by Prof. Motshekga Mathole of the Kara Heritage Institute on “Whither Pan-Africanism, African Culture, and Heritage.”
The PAP Day was officially launched in 2021 to educate citizens about the Continental Parliament and ignite conversations about its future in line with its mandate.
The establishment of the PAP among the AU organs signalled a historical milestone and the most important development in the strengthening of the AU institutional architecture. It laid solid groundwork for democratic governance and oversight within the African Union system and provided a formal “platform for the peoples of Africa to get involved in discussions and decision-making on issues affecting the continent.”
The genesis of the PAP can be legally traced back to 1991 with the adoption of the Treaty Establishing the African Economic Community, adopted on June 3, 1991, in Abuja (also known as the Abuja Treaty). This treaty defined the pillars and grounds for realizing economic development and integration in Africa and called for the creation of a continental parliament, among a set of other organs, as tools for the realization of African integration and economic development. This call was reemphasized in the Sirte Declaration of 1999, which called for the accelerated implementation of the provisions of the Abuja Treaty.
PAP celebrated its ten years of existence in March 2014, a year which coincided with the adoption, on June 27, 2014, in Malabo, Equatorial Guinea, of the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (PAP Malabo Protocol), which, once in force, will transform the PAP into a legislative body of the AU. It requires a minimum of 28 countries to ratify it before it comes into force.
Therefore, the commemoration of PAP Day serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 19 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The celebrations of PAP Day coincided with the closing ceremony of the sitting of the PAP Permanent Committees and other organs. The Sitting took place in Midrand, South Africa under the AU theme for 2023, “Accelerating the implementation of African Continental Free Trade Area (AfCFTA)” from 6 to 17 March 2023.
PAP President, H.E. Chief Fortune Charumbira, expressed appreciation to members for their commitment during the two-week engagement.
“We have come to the end of our program, and it is appropriate that we end on a high note with the PAP Day celebrations.
“We will, upon your return to your respective countries, ensure that the work achieved over the past two weeks is transmitted to the national level for the benefit of our citizens,” concluded H.E. Chief Charumbira.
PAP needs to priorities land issues-Prof Mathole
Prof Motshekga Mathole of the Kara Heritage Institute has advised the Pan-African Parliament (PAP) to prioritise the land issue in the continent if they are to remain relevant.
He said this while addressing the Plenary during the commemoration of PAP Day held at the PAP Chambers in Midrand, South Africa
The PAP Day was officially launched in 2021 to commemorate the inauguration of the first Parliament on 18 March 2004 in Addis Ababa, Ethiopia. Intended as a platform for people of all African states to be involved in discussions and decision-making on problems and challenges facing the continent.
In a speech titled “Whither Pan-Africanism, African Culture, and Heritage,” Prof Mathole stated that for PAP to remain relevant, it must address the continent’s key land dilemma, which he feels is the core cause of all problems plaguing the continent
“If this Parliament is to be taken seriously, ownership of land and natural resources must be prioritized at the national and continental levels. Africans are not poor; they are impoverished by imperialist nations that continue to hold African land and natural resources,” said Prof Mathole.
“When African leaders took power from colonialists, they had to cope with poverty, unemployment, and other issues, but they ignored land issues. That is why Africa as a whole is poor today. Because our land and minerals are still in the hands of colonizers, Africa must rely on Ukraine for food and Europe for medical.”
Prof Mathole believes that the organization of the masses is critical as cultural revolution is the only solution to Africa’s most problems.
“We need a cultural revolution for Africa, and that revolution can only occur if the masses and people are organized. First, we need a council of African monarchs since they are the keepers of African arts, culture, and heritage. We need an African traditional health practitioners council because there is no ailment on the planet that cannot be healed by Africans; the only problem is that Africans do not harvest and process their own herbs,” he said.
Meanwhile, PAP President, H.E. Hon Chief Fortune Charumbira expressed satisfaction with the commitment displayed throughout the two-week period and said the PAP Day celebrations were befitting curtains down to the august event.
“On this high note of our two-week engagement, it is appropriate that we close our program on a high note with PAP celebrations, and I would like to thank everyone for your commitment, and please continue to be committed,” said H.E Hon Chief Charumbira.
PAP’s purpose as set out in Article 17 of the African Union Constitutive Act, is “to ensure the full participation of African people in the development and economic integration of the continent”. As it stands, the mandate of the Parliament extends to consultation and playing an advisory and oversight role for all AU organs pending the ratification protocol.
Also known as the Malabo Protocol, the Protocol to the consultative act of the AU relating to the PAP was adopted at the Assembly of Heads of State and Government summit in June 2014 and is intended to extend the powers of the PAP into a fully-fledged legislative organ. It requires a minimum of 28 countries to ratify it before it comes into force.
The commemoration of the PAP Day, therefore, serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 17 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.
The PAP Day commemoration also aims to educate citizens about the PAP and ignite conversations about the future of the continental Parliament in line with its mandate.
DPP drops Kably threat to kill case
The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.
In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.
Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.
The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.
According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”
Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.
Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.
In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.
A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.
“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.
The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”