Former Judge of the High Court, Onkemetse Tshosa has approached court seeking payment of P519 817.50 from his former employers, the Administration of Justice, in payment for gratuity that was prior rejected by the Registrar.
According to the Heads of Argument filed with the High Court by Moeletsi and Motumise Attorneys representing Tshosa in this matter, “in December 2012 the plaintiff (Tshosa) lodged a claim for his terminal benefits. He was only paid for the leave days and was not paid gratuity for the period that he had served as Judge of the High Court.”
“On the 25th of November 2013, the Registrar rejected the Plaintiff’s claim for gratuity and relied on Section II of the Judges Pensions Act (CAP. 04:07) as justification for his decision,” reads Tshosa’s arguments.
Tshosa’s lawyers have gone on to submit that the payment was of importance to Tshosa because after losing his job as a judge of the High Court in August 2012, he had no source of income or livelihood at all.
The only source of livelihood for Tshosa after losing his job would have been the gratuity which he was entitled to after working for the judiciary for more than two years, according to the statement.
Tshosa was not entitled to pension in terms of the Judges Pensions Act because he had not worked for at least 5 years as a judge and had in any case been placed on pension; the only thing he was entitled to according to his attorneys was gratuity in terms of the Judges Miscellaneous Provisions Act.
Meanwhile the case has taken yet another turn as the Attorney General has applied for condonation after failing to file plea within 14 court days that fell on the 8th October 2014 as per Order 25 Rule 3(1) of the Rules of the High Court according to Tshosa’s attorneys.
They further stated that the Attorney General did not take any steps to file the plea until the 26th February 2015 when they lodged the application for condonation.
When defending the condonation application, Attorney Neo Sharp of the Attorney General’s chambers said it was only on the 25th of February 2015, upon checking on the file for preparation for appearance before court on the 27th February 2015 that she realized that one Josephine Wetshootsile from the messenger office omitted and or forgot to file the opposing papers.
Tshosa was a High Court judge before resigning ahead of a tribunal set by the President could decide his fate. Tshosa was discharged and acquitted by Judge Lot Moroka of the High Court following an appeal in a case in which he was accused of failing to provide breath specimen and assaulting a Police officer on duty.
The case will be heard before Judge Michael Leburu of Lobatse High Court on the 25th of June 2015 to decide the fate of Attorney General’s condonation application and further, whether Tshosa is entitled to receive gratuity or not.
Botswana Police Service (BPS) has indicated concern about the ongoing trend where the general public falls victim to criminals purporting to be police officers.
According to BPS Assistant Commissioner, Dipheko Motube, the criminals target individuals at shopping malls and Automated Teller Machines (ATMs) where upon approaching the unsuspecting individual the criminals would pretend to have picked a substantial amount of money and they would make a proposal to the victims that the money is counted and shared in an isolated place.
“On the way, as they stop at the isolated place, they would start to count and sharing of the money, a criminal syndicate claiming to be Criminal Investigation Department (CID) officer investigating a case of stolen money will approach them,” said Motube in a statement.
The Commissioner indicated that the fake police officers would instruct the victims to hand over all the cash they have in their possession, including bank cards and Personal Identification Number (PIN), the perpetrators would then proceed to withdraw money from the victim’s bank account.
Motube also revealed that they are also investigating a case in which a 69 year old Motswana woman from Molepolole- who is a victim of the scam- lost over P62 000 last week Friday to the said perpetrators.
“The Criminal syndicate introduced themselves as CID officers investigating a case of robbery where a man accompanying the woman was the suspect.’’
They subsequently went to the woman’s place and took cash amounting to over P12 000 and further swindled amount of P50 000 from the woman’s bank account under the pretext of the further investigations.
In addition, Motube said they are currently investigating the matter and therefore warned the public to be vigilant of such characters and further reminds the public that no police officer would ask for bank cards and PINs during the investigations.
Botswana Congress Party (BCP) leadership walked out of Umbrella for Democratic Change (UDC) National Executive Committee (NEC) meeting this week on account of being targeted by other cooperating partners.
UDC meet for the first time since 2020 after previous futile attempts, but the meeting turned into a circus after other members of the executive pushed for BCP to explain its role in media statements that disparate either UDC and/or contracting parties.
The Director General of the Directorate on Corruption and Economic Crimes (DCEC), Tymon Katlholo’s spirited fight against the contentious transfers of his management team has forced the Office of the President to rescind the controversial decision. However, some insiders suggest that the reversal of the transfers may have left some interested parties with bruised egos and nursing red wounds.
The transfers were seen by observers as a badly calculated move to emasculate the DCEC which is seen as defiant against certain objectionable objectives by certain law enforcement agencies – who are proven decisionists with very little regard for the law and principle.