Private attorney Martin Dingake has succeeded in his action against the police in which he sued them in 2019 for P35, 000 for unlawful arrest and detention. In his Court declaration Dingake stated that on February 2, 2019 at around 20:00 hours he was jogging along Western Bypass towards Molapo Crossing Mall en route from Botswana Television roundabout when four police officers and mainly Inspector Kenneth Mange and Constable Baakile Ramorethwa stopped him and sought to conduct a search on him.
“The plaintiff set out that the above noted defendants wanted to conduct a search on him without his consent, without a search warrant and that they had no reasonable belief not basis that he was about to commit an offence or had committed an offence,” Justice Dr Godfrey Radijeng read from his judgment on March 17, 2022.
Dingake asserted that he refused to be searched and thereupon the defendants proceeded to place him under arrest at around 20:20 hours and only released him at around 22:20 hours, without a charge or having searched him. He further asserted in his declaration that by placing him under arrest as stated, the defendants took away his liberty without justifiable cause thereby committing a delict against him and assaulting his dignity.
The suit was opposed by the Attorney General who acted for Mange and Ramorethwa. “The defendants pleaded that the plaintiff was running away from a bush in a crime prone area at that time of the day. The asserted that the plaintiff was arrested along Western Bypass Road during a police stop, question and search operation,” Justice Radijeng said.
The Judge found Ramorethwa’s testimony to be fair and believed him because it was consistent with that of Dingake as to where he was running along, in particular that the plaintiff ran along the pavement or roadside and not as suggested by Mange. Mange had testified that Dingake ran from the dark or the bush side of the road.
The Judge found Dingake’s arrest unlawful and said the plaintiff was arrested on the side of the road and not at the police station and it was more probable that the period of time he was under the control of the defendants is as he has asserted. “This is also informed by the lack of direct evidence to controvert the plaintiff’s evidence on the period of arrest. The plaintiff thus must succeed on the quantum that is claimed,” ruled Justice Radijeng.
He therefore granted P35, 000 in favour of Dingake for unlawful arrest and detention. He also granted him 10 percent interest from February 2, 2019 to date of payment and costs of suit. Attorney Ofentse Khumomotse represented Dingake while the defendants were represented by attorney Julia Mokoti from the Attorney General’s Chambers.
The Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katholo has revealed why he took a decision to engage private lawyers against the State. The DCEC boss engaged Monthe and Marumo Attorneys in his application to interdict the Directorate of Intelligence and Security (DIS) from accessing files and dockets in the custody of the corruption busting agency.
In his affidavit, Katholo says that by virtue of my appointment as the Director General of the DCEC, he is obliged to defend the administration and operational activities of the DCEC. He added that, “I have however been advised about a provision in the State Proceedings Act which grants the authority of public institution to undertake legal proceedings to the Attorney General.” Katholo contends that the provision is not absolute and the High Court may in the exercise of its original jurisdiction permit such, like in this circumstance authorise such proceedings to be instituted by the DCEC or its Director General.
Botswana Democratic Party (BDP) has gone through transformation over the years, with new faces coming and going, but some figures have become part and parcel of the furniture at Tsholetsa House. From founding in 1962, BDP has seen five leaders changing the baton during the party’s 60 years of existence. The party has successfully contested 12 general elections, albeit the outcome of the last polls were disputed in court.
While party splits were not synonymous with the BDP for the better part of its existence, the party suffered two splits in the last 12 years; the first in 2010 when a Barataphathi faction broke ranks to found the now defunct Botswana Movement for Democracy (BMD). The Barataphathi faction was in the main protesting the ill-treatment of then recently elected party secretary general, Gomolemo Motswaledi, who had been suspended ostensibly for challenging the authority of then president, Ian Khama.
Mr Abdoola has known Mr. Uzair Razi for many years from the time he was a young boy. Uzair’s father, Mr Razi Ahmed, was the head of BCCI Bank in Botswana and “a very good man,” his close associates say.
Uzair and his wife went to settle in Dubai, the latter’s birthplace. He stayed in touch and was working for a real estate company owned by Mr. Sameer Lakhani. “Our understanding is that Uzair approached Mr. Abdoola to utilize their services for any property-related interests in Dubai. He did some work for Mr.Abdoola and others in the Botswana business community,” narrates a friend of Mr Abdoola.