DIS, Police interdicted from arresting or detaining suspended DIS officers
The Directorate of Intelligence and Security (DIS) and the Botswana Police have been interdicted from arresting, and searching without judicial warrant, the suspended DIS officers.
Justice Boipuso Makhwe this week issued an interim interdict against the Police and DIS from further arresting, detaining and searching without judicial warrant, Pulane Kgoadi, Paul Setlhabi and Portia Malikongwa who are
Applicants in connection with criminal and administrative investigations referred to by DIS Director General Peter Magosi in the suspension letters of the trio.
The judge also ordered that the Police and DIS are interdicted from entering and/or searching without a judicial warrant, the residences of Kgoadi, Setlhabi and Malikongwa.
“The 2nd and 3rd Respondents are hereby interdicted from parking their vehicles within 100 meters of the official and other residences of the Applicants. The 3rd Respondent is interdicted from demanding the attendance of the persons of Portia Malikongwa, Paul Setlhabi and Pulane Kgoadi to their offices for duties against any medical certificate issued in their favour by any duly enrolled and practicing medical practitioner and should in any case give
them at least 24hours notice of such interview,” the judge ordered.
She stated that the applicants shall file an application for a final interdict within 60 days of the issuance of the court order. Kgoadi, Setlhabi and Malikongwa have taken the DIS Director General Peter Magosi and Botswana Police Service to court seeking the said interim interdict.
In her affidavit, Kgoadi revealed that under the command of the 3rd Respondent (Magosi), the Directorate on Intelligence and Security has unleashed its full wrath upon them.
She said they have been subjected to gross violation of their rights including arbitrary arrests and detentions without charge by agents of the Directorate and of the Botswana Police acting under the instruction and/or influence of the Directorate through the Director General.
She stated that they have also been subjected to searches of “our vehicles, homes and persons without warrants”. According to Kgoadi the same mistreatment has been extended to “our relatives”.
“Specifically, the 3rd Applicant's mother has been subjected to an invasive search of her vehicle and even handbags by a team of Botswana Police and DIS personnel without any allegation being made against her.
“We have been subjected to unduly long hours of interrogation against clear medical certificates certifying our unfitness for duty. When detained we have been denied access to lawyers and to family.
“Detention has been used as a form of torture to force us to comply with orders of the Directorate, the 3rd Respondent and/or the 2nd Respondent (Botswana Police Service Commissioner Dinah Marathe) where we have differed with them.
“The 2nd Respondent is relevant on this score because whilst the reasons for our mistreatment do not originate with the Botswana Police it's the Botswana police cells that the 3rd Respondent has used to unlawfully detain us,” the affidavit reads.