Disgruntled soldier sues BDF

A soldier who was allegedly threatened to die like John Kalafatis is suing the Botswana Defence Force (BDF) for just over half a million Pula for denying him the right to education after BDF did not release him to further his studies as an accountant.
John Kalafatis was the son of Greek immigrants who was killed gangland style when soldiers opened fire on him at a shopping complex in Gaborone in May 2009. Three soldiers were subsequently sentenced to an 11-year jail term but President Ian Khama used his executive powers to grant them a pardon and reinstated them in the BDF after serving less than a year of their sentences.

The appellant is Keabetswe Gwafa, a private based at Village Garrison under Corps of Engineers in Gaborone, while the respondents are the BDF and Attorney General. Gwafa is demanding a total of P562 222.58 in the matter which has been set for hearing at Lobatse High Court on August 11, 2015.According to court papers, Gwafa wants P273 000.00 for denying him the right to education, P50 000.00 for trauma and depression and P150 000.00 for denying him the right to justice and protection of life. He states that he believes he is unlawfully employed by the BDF because he has since tendered his resignation to the employer but the resignation was denied. He says he decided to quit the military in January 2009 and wrote a resignation letter which was given to Colonel (now Major) Gabarongwe.

“While awaiting to be released, I then applied for government sponsorship and was admitted to study Certified Accounting Technician at Baisago University College,” he avers. “Since my three months had elapsed and I had not yet been released, I then wrote another resignation letter on the 24th August 2009. On receipt of the new resignation application, Major Gabarongwe apologised for the delay of my first letter and insisted that I take a paid leave and go and start my studies and promised that I will be released with immediate effect.

‘On the 24th of September 2009, Major Gabarongwe advised the Commander to release me with immediate effect as they have delayed releasing me and the situation has already tampered with my future plans. I could have completed my studies in July 2011 and got a job paying me at least P6 500.00 per month.'Gwafa states that due to the misconduct of the BDF, he was arrested for leaving without being properly released and argues that this destroyed his opportunity to study.
“I was detained at Sir Seretse Khama Barracks for 28 days,” he says in court papers. “I started suffering depression and trauma and was referred to Sbrana Mental Hospital in Lobatse to undergo therapy during the months of November and December 2009. I was forced to withdraw the resignation while still in detention, which was quickly approved.”

While still serving as a member of the BDF, Gwafa avers, the BDF put him on trial for drunkenness in November 2011. During the trial, Lt. Colonel Gabarongwe told him that he would die like John Kalafatis, Gwafa stated in his court papers. He reported the matter immediately to the BDF commander and was told that necessary steps would be taken. Gwafa says he was ordered to undergo a military training course for 18 months beginning January 2012. However, during the training course and thereafter, the then investigating officer, Brigadier Anderson Matlho, was transferred and replaced by Lt. Colonel Gabarongwe.

“Fearing for my life as the BDF could not help, I then reported the matter to the Gaborone Central Police Station,” he says. “The police referred the matter to the Office of Ombudsman, who (office of ombudsman) said the matter was out of their jurisdiction. The documents filed by Brigadier Matlho went missing and my house was broken into and all the documents in my possession also went missing.”
Gwafa represents himself while Itumeleng Sharp of Attorney General represents the state.