Connect with us
Advertisement

Gov’t coughs out P1.5 million for assaulting a student

Police unlawfully assaulted a minor for “no particular reason”

Government has been ordered to pay 1.5 million pula as compensation to a student (name withheld) who suffered bodily damage following a vicious assault on him by police officers.


WeekendPost has gathered that the 20 year old who is a student at the University of Botswana was wrongfully and viciously assaulted by Tlokweng Police Officers at the charge office – and in full view of other on duty officers.


It is alluded that the minor and friends were arrested for allegedly consuming alcohol in a prohibited area but upon arrival at the police station the minor was violently assaulted without no justification.


According to court papers seen by this publication “on or about the 21st September 2013 at Tlokweng Police Station charge room, a member of Tlokweng Police Force, acting within the course and scope of their employment and the control of the Commissioner of Police, wrongfully and unlawfully assaulted the minor “for no particular reason.”


It is understood that at that time, the police officers were acting within the course and scope of their employment, and, as a result of the vicious, brutal and excessive assault the minor sustained injuries which required an emergency surgical operation.  


The assault, the papers posit was carried out excessively and viciously on the plaintiff in full view of other on duty officers present in the charge room and the plaintiff’s friends who had been brought to the charge room as well on account of the same offence.


According to the papers, the minor was awaiting to receive a fine or charge at the Police station where he was suddenly attacked with open hands (brutal punches and slaps) to his face and kicks all over his body and such assault was without provocation.


“The Minor was further thrown to the floor, where the officer struck the plaintiffs head repeatedly on the ground until the plaintiff was unconscious.”


The assault was carried out right in front of on looking duty officers who did not intervene to stop the officer and protect the minor from getting the beating of his life.


“In the premises, members of the Tlokweng Police Force had no good basis to assault the plaintiff in the manner which they did. No amount of justification can explain why such a brutal assault was meted against the plaintiff,” the court papers point out.


The minor sustained injuries leading to loss of memory, acute right extradural hermatoma, weakness on the right side of the body, swollen Lips, swollen head, celebral bleeding, left pupil unresponsive, numbness of the right leg, pain from the heap joint, itching of the operation scar, partial incapacity and loss of memory.


According to a medical report from Center of Neurology and Neurosurgery seen by this publication, the 20 year gentleman was seen for the first time on 17 October 2013. “There is history of assault and admission in PMH, where he was operated for right epidural bleed. At that time he had right hemiparesis-paralysed right limbs.”


“In January 2014 we did CT scan brain check-up which showed up posttraumatic changes with brain atrophy. The patient was counseled for his condition and he needs more time for recovering. Recently follow up does not show big progress. Still right hemiparesis persist,” a doctor highlighted in court papers.


Following the assault, it is understood that on or about 22nd September 2013, the plaintiff had to undergo an emergency brain surgery at Princess Marina Hospital.


Princess Marina Hospital also confirmed in their medical report that, the patient is known to them and “he was assaulted in September 2013 and sustained acute right extradural hematoma with right side weakness. He was admitted here on 22 September 2013, was discharged on 15 October 2013. An emergency neurosurgical operation was done on admission and he was afterwards admitted to the intensive care unit (ICU) from 22 September 2013 to 24 September.”


Human rights organization Ditshwanelo also handed support to the client and wrote an intention to sue in terms of the State Proceedings (civil actions by or against government or public officers) to the Attorney General Athaliah Molokomme.  


“Notice is hereby given that our client intends to bring an action for damages against the Minister of Defense, Justice and Security for physical injuries sustained and inflicted at the hands of his officers,” stated Ditshwanelo.


Court documents also stress that: “the officers owed the plaintiff a legal duty to protect him whilst in their custody, which duty the government breached when they allowed the minor to be assaulted by another officer in the presence of other on duty officers.”


The complainant who by virtue of being a minor thereby falling under the class of persons under disability is assisted by his mother Bosaeng Kerepile.


The plaintiff is a male minor, 2nd year Bachelor of Business Administration student at the University of Botswana and the assault has since negatively affected his studies as “he has further ceased attending school to allow him to rehabilitate and fully recover from the injuries sustained. He has also undergone thorough physiotherapy assessment at Thuso Rehabilitation Centre.”


The papers also state that despite lawful demands to remedy the assault the government have willfully or disregarded ignored the minor’s demands.


Before the court order, issued by Justice Dambe for the government to compensate the minor with P1.5 million, the plaintiff had averred that he suffered damages in the amount of P3 440 000.


The said amount was arrived at after considering unlawful assault (pain and suffering) at P500 000, humiliation and loss of dignity at P250 000, Medical expenses P200 000, permanent disfigurement and partial disability P150 000 as well as loss of earnings and estimated future and/or or potential earnings at P 2 340 000.


It is not the first time government is successfully sued, and thereby draining the tax payers’ coffers millions of money, for wrongful and unlawful assault, detention and arrest.


The minor was represented by Gaborone based renowned attorney Joram Matomela of JJ Matomela Attorneys.

Continue Reading

News

BDP decides Balopi’s fate

22nd November 2021
Balopi

The Botswana Democratic Party (BDP) Central Committee (CC) meeting, chaired by President Dr Mokgweetsi Masisi late last month, resolved that the party’s next Secretary-General (SG) should be a full-time employee based at Tsholetsa House and not active in politics.

The resolution by the CC, which Masisi proposed, is viewed as a ploy to deflate the incumbent, Mpho Balopi’s political ambitions and send him into political obscurity. The two have not been on good terms since the 2019 elections, and the fallout has been widening despite attempts to reconcile them. In essence, the BDP says that Balopi, who is currently a Member of Parliament, Minister of Employment, Labour Productivity and Skills Development, and a businessman, is overwhelmed by the role.

This content is locked

Login To Unlock The Content!

Continue Reading

News

BDF-Namibians shootings autopsy report revealed

22nd November 2021
BDF

The Botswana Defence Force (BDF)-Namibians fatal shooting tragedy Inquest has revealed through autopsy report that the BDF carried over 800 bullets for the mission, 32 of which were discharged towards the targets, and 19 of which hit the targets.

This would mean that 13 bullets missed the targets-in what would be a 60 percent precision rate for the BDF operation target shooting. The Autopsy report shows that Martin Nchindo was shot with five (4) bullets, Ernst Nchindo five (5) bullets, Tommy Nchindo five (5) bullets and Sinvula Munyeme five (5) bullets. From the seven (7) BDF soldiers that left the BDF camp in two boats, four (4) fired the shots that killed the Namibians.

This content is locked

Login To Unlock The Content!

Continue Reading

News

Gov’t confused over Moitoi’s UN job application

22nd November 2021
VENSON MOITOI

The former Minister of Foreign Affairs and International Cooperation, Pelonomi Venson-Moitoi’s decision to apply for the positions of United Nations Special Representative of the Secretary-General (SRSG) and their deputies (DSRSG), has left the government confused over whether to lend her support or not, WeekendPost has established.

Moitoi’s application follows the Secretary-General’s launch of the third edition of the Global Call for Heads and Deputy Heads of United Nations Field Missions, which aims to expand the pool of candidates for the positions of SRSG) and their deputies to advance gender parity and geographical diversity at the most senior leadership level in the field. These mission leadership positions are graded at the Under-Secretary-General and Assistant Secretary-General levels.

This content is locked

Login To Unlock The Content!

 

Continue Reading
Do NOT follow this link or you will be banned from the site!