High Court accused of refusing to register summons against DIS, Police

 

The High Court Registry has been accused of refusing to register summons against the Directorate of Intelligence and Security (DIS) and Botswana Police Service.

DIS and Police are being sued by a DIS Deputy Director (legal) Kuda Malikongwa for unlawful arrest, detention and search for over P2 million. According to a letter written by the Registrar Gaborone High Court, the summons was filed on the 18th October 2024.

Malikongwa’s lawyer Kgosietsile Ngakaagae argues that the summons was at first returned on the basis that it was defective, as it allegedly had a missing page, which was suspicious because same had been filed in good order. He said in order to avoid a back and forth with the registry the summons was fixed and resubmitted.

“The Registry has since refused to release same on grounds that it is still in the queue of process awaiting registration.

“Our staff were specifically told (curtly) that the summons will not be registered until after the elections.

“On further pressing, the office was assured that same would be released on the 25th October, 2024, but on the 25th, our office has been told that same will not be released with no assurance with regards to when same shall be done,” he said in the letter.

Ngakaagae pointed out that the prevarication by the Registry has precipitated a reasonable suspicion that the summons is being withheld on account of the fact that it contains uncomplimentary allegations to the high offices in the land in particular the Directorate on Intelligence and Security and the Office of the President.

He highlighted that the denial of registration is clearly for doing the offices an undue public relations favour.

'Meanwhile, it has come to our attention that the summons is already circulating within the two offices involved which confirms our suspicion that the summons had been deliberately held for political reasons,' he said.

He said his client has been subjected to unlawful and wrongful arrest, an unlawful and wrongful detention and an unlawful and wrongful search and loss of dignity by the DIS and police, being Botswana government statutory entities acting jointly and in common purpose, alternatively acting severally.

The Plaintiff has, as a result, suffered harm and consequently damages at the hands of the Botswana government through the wrongful and unlawful actions of the 2nd and 3rd Defendants for which harm the government of Botswana is liable to compensate them. He stated that on the 23rd day of March, 2024, Malikongwa was arrested by a combined team of members of the DIS and Police acting jointly and in concert.

Malikongwa was told by the arresting team that she was being arrested for, and was being detained for, 'leaking'. He said no details regarding the alleged leaking were provided.

“No other transgression was alleged and none has since been alleged. No specific offence creating statute was cited to her. No rights were read to her. The Plaintiff asked for judicial warrants and none

were produced by the arresting offices.

“No reasons were given as to why same had not been obtained or could not be produced. Whilst under arrest and subsequent detention, the Plaintiff was refused, by the Botswana Police, access to assistance by family and access to legal counsel,” Ngakaagae said.

“The Plaintiff, was told by the arresting team that she had been arrested for, and was being detained for, leaking.

“No other transgression was alleged or has since been alleged. No details of the leaking were provided and no specific offence creating statute was cited to them. No rights were read to her.”