Botswana government is facing a lawsuit by two Dukwi based refugees who are claiming P1 million worth of damages. The Ugandan refugees Musa Isarbirye and Timothy Yamin claim to have been afflicted to general damages in the amount of P500 000 each.
The refugees, through their lawyer Martin Dingake of Dingake Law Partners, stated in their court papers filed this week before Justice Nthomiwa that as a result of the arrest, they suffered costs “for unlawful arrest, detention, and deprivation of liberty for the time they spent detained from the 11th March 2014 until the 25th June 2014.”
The refugees therefore want the court to order that the government – represented by Attorney General Athaliah Molokomme pay damages to the amount of P500 000 each for their unlawful arrest, detention and deprivation of liberty for the time they spent in jail. In addition they want government to foot the cost of the suit and further and/or alternative relief.
The court matter arises following the duo’s recent triumph for unlawful detention. Justice Phadi Solomon who presided over the matter at Francistown High Court ruled that “the applicants (Yamin and Isabirye) are hereby released to Dukwi Refugee Settlement Camp forthwith.”
The refugees had taken the government to court to declare that their detention was unlawful and unconstitutional and the courts ruled in their favour. The government was also ordered to pay costs of the application to be agreed or taxed.
According to the court papers before Justice Nthomiwa, which the WeekendPost, are in possession of, on the 11th March 2014 the Plaintiffs were arrested without a warrant and were locked up at the Central Police Station where they were later transferred to Molepolole Prison on the 28th March 2014 by members of the Botswana Police Services who were either acting jointly and or severally and are unknown to the Plaintiffs.
This publication further learnt that thereafter the Plaintiffs were detained at Molepolole Prison from the 28th March 2014 until a week later on or around the 7th April 2014, when they were transferred to the Francistown Centre for Illegal Immigrants at the insistence of the Molepolole Prison Wardens and or other various officers whose names and ranks are to the refugees unknown.
It is understood that the said police officers and prison wardens were acting within the scope and course of their employment as police officers of the Botswana Police Services and under the Botswana Prison Services.
The Defendants, Attorney General Molokomme, Ministry of Justice, Defence, and Security and, Center for illegal immigrants, and the Ministry of Labour and Home Affairs, are therefore said to be vicariously liable for their acts, omissions and or wrongful conduct.
“At the time that the Plaintiffs were detained and or arrested the aforesaid police officers had no reasonable belief that the Plaintiff had committed or was about to commit a criminal offence.”
It is understood that the refugees were put in filthy custody holding cells and placed in the company of hardened criminals. The matter is expected to be heard in court soon.
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.
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.
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.