- Police refuses to disclose cases handled and their status - Disregarding court decisions - Police Boss in negotiations with ex-officer suing her
Botswana Police has remained tight-lipped on the controversial disciplinary cases involving some of the junior officers.
Botswana Guardian has established that the police have been slow in establishing Class II Boards to undertake disciplinary hearing against the junior officers.
Recent court rulings both from the High Court and the Appeals Court found that the Botswana Police Service has been flouting procedure when dealing with disciplinary hearings against junior officers.
On 31st October 2019, a Junior officer, Constable Keitshepile Molebalwa was dismissed from employment following a disciplinary process initiated and conducted by a Class II Board.
Molebalwa then approached the Police Council and his appeal was dismissed. The officer dragged the Police Commissioner and Council before the High Court contending that the decision to try him under a Class II Board, as a Board of first instance, instead of a Class III Board, was procedurally improper and irregular.
The High Court held that in terms of the Police Act, by virtue of being a junior officer, Molebalwa was entitled to be tried before Class III Board, save where there are reasons as guided by the provisions of section 26 (2) (d) of the Police Act.
The court reviewed and set aside the dismissal from Botswana Police Service, a decision upheld by the Court of Appeal.
According to a Memo from Commissioner of Police, following the Court of Appeal decision in the matter between Attorney General and three others Vs Keitshepile Molebalwa a decision was taken that all disciplinary cases involving junior officers in which Class II Board was appointed as a Board of first instance but evidence not yet led, were to be stayed and made to comply with the guidance of the court.
“Having revisited the matter, we have also found it opportune that all matters involving junior officers in which a Class II Board was appointed as a Board of first instance, whether evidence has been led or not, be dealt with in accordance with the guidance as articulated in our previous communication.
“Owing to the above, you are directed to ensure that all matters alluded above are stayed and the record be sent to the Branch Commander for appointment of Class III Board as a Board of first instance,” a Savingram sent to all Branch Commanders, read.
This publication has established that this issue has become thorny following the courts' rulings.
According to insiders, the ill-advised decision by the top brass of the BPS resulted in the police service finding itself in the current situation where it faces legal suit by some of ex-officers who believe were unfairly dismissed due to the similar approached used in Molebalwa’s case.
Information gathered by this publication has revealed that there has been a backlog of cases. According to insiders, some of the police stations are continuing with the cases under the same procedure which the courts have declared irregular.
“There has been a backlog of cases due to the delay taken by the police to comply with the courts’ decision. In some police stations disciplinary process are ongoing but the concern is that such is being done unprocedurally as officers are tried by the wrong Board,” a highly place senior police officer, said.
This publication has established that while some of the cases have been put on stay as per the Police Commissioner’s instructions, others have not.
“Junior officers are being oppressed. We have officers who have been put on interdiction by a wrong Class Board.
“This is chaotic because even the current lawsuit which the commissioner is negotiating for out of court settlement could cost the government coffers a lot of money as more dismissed police officers are joining the case,” another source revealed.
Police Commissioner has in one of her communication indicated that the decision of the court will drastically affect how they have been conducting their disciplinary processes especially in relation to junior officers.
“However, this position does not mean and should in no way be construed to mean that junior officers should not be tried before a Class II Board.
“Where the matter involves serious allegations of misconduct, the Class III Board should promptly refer it to the commissioner for the appointment of a Class II Board,” the Police Commissioner said in another Savingram.
Botswana Police Service Public Relations Officer Near Bagali declined to comment on the matter citing employee confidentiality.
“This communication serves as a response to your questionnaire. We are constrained to answer your questionnaire as requested.
“We are of the view that the issues raised in the questionnaire concern Employer and Employee relations”, Bagali said.
Botswana Guardian has established that the police have been slow in establishing Class II Boards to undertake disciplinary hearing against the junior officers.
Recent court rulings both from the High Court and the Appeals Court found that the Botswana Police Service has been flouting procedure when dealing with disciplinary hearings against junior officers.
On 31st October 2019, a Junior officer, Constable Keitshepile Molebalwa was dismissed from employment following a disciplinary process initiated and conducted by a Class II Board.
Molebalwa then approached the Police Council and his appeal was dismissed. The officer dragged the Police Commissioner and Council before the High Court contending that the decision to try him under a Class II Board, as a Board of first instance, instead of a Class III Board, was procedurally improper and irregular.
The High Court held that in terms of the Police Act, by virtue of being a junior officer, Molebalwa was entitled to be tried before Class III Board, save where there are reasons as guided by the provisions of section 26 (2) (d) of the Police Act.
The court reviewed and set aside the dismissal from Botswana Police Service, a decision upheld by the Court of Appeal.
According to a Memo from Commissioner of Police, following the Court of Appeal decision in the matter between Attorney General and three others Vs Keitshepile Molebalwa a decision was taken that all disciplinary cases involving junior officers in which Class II Board was appointed as a Board of first instance but evidence not yet led, were to be stayed and made to comply with the guidance of the court.
“Having revisited the matter, we have also found it opportune that all matters involving junior officers in which a Class II Board was appointed as a Board of first instance, whether evidence has been led or not, be dealt with in accordance with the guidance as articulated in our previous communication.
“Owing to the above, you are directed to ensure that all matters alluded above are stayed and the record be sent to the Branch Commander for appointment of Class III Board as a Board of first instance,” a Savingram sent to all Branch Commanders, read.
This publication has established that this issue has become thorny following the courts' rulings.
According to insiders, the ill-advised decision by the top brass of the BPS resulted in the police service finding itself in the current situation where it faces legal suit by some of ex-officers who believe were unfairly dismissed due to the similar approached used in Molebalwa’s case.
Information gathered by this publication has revealed that there has been a backlog of cases. According to insiders, some of the police stations are continuing with the cases under the same procedure which the courts have declared irregular.
“There has been a backlog of cases due to the delay taken by the police to comply with the courts’ decision. In some police stations disciplinary process are ongoing but the concern is that such is being done unprocedurally as officers are tried by the wrong Board,” a highly place senior police officer, said.
This publication has established that while some of the cases have been put on stay as per the Police Commissioner’s instructions, others have not.
“Junior officers are being oppressed. We have officers who have been put on interdiction by a wrong Class Board.
“This is chaotic because even the current lawsuit which the commissioner is negotiating for out of court settlement could cost the government coffers a lot of money as more dismissed police officers are joining the case,” another source revealed.
Police Commissioner has in one of her communication indicated that the decision of the court will drastically affect how they have been conducting their disciplinary processes especially in relation to junior officers.
“However, this position does not mean and should in no way be construed to mean that junior officers should not be tried before a Class II Board.
“Where the matter involves serious allegations of misconduct, the Class III Board should promptly refer it to the commissioner for the appointment of a Class II Board,” the Police Commissioner said in another Savingram.
Botswana Police Service Public Relations Officer Near Bagali declined to comment on the matter citing employee confidentiality.
“This communication serves as a response to your questionnaire. We are constrained to answer your questionnaire as requested.
“We are of the view that the issues raised in the questionnaire concern Employer and Employee relations”, Bagali said.
