Member of Parliament (MP) for Lobatse Dr Thapelo Matsheka says he will not resign from the ruling Botswana Democratic Party (BDP) anytime soon amid villainous attempts to kill him politically.
Fielding questions from reporters immediately after the High Court ruled that he be released from custody, Matsheka said his arrest should be classified not only as an intention by his enemies to tarnish his name and embarrass him but should be seen as part of ongoing infighting by factions of the BDP.
He said he is working on a statement to set the record straight as to why he has been linked to the murder of Tlotso Karema.
“I will provide a full report very soon but as of now I will not resign from the BDP even though I have a strong belief that my arrest is motivated by some sections within the BDP,” said Matsheka.
In an application seeking his release, his wife Veronica, claimed the arrest of her husband was politically motivated and an attempt by his alleged opponents to soil his name.
This has been denied by the Directorate of Intelligence and Security (DIS) and the Botswana Police Services (BPS) which opposed the application for his release. The two-state agencies were also responsible for his arrest.
Matsheka was held in custody since Tuesday 2nd August, 2022 without being taken to court or being charged with any offence. He was arrested without a warrant of arrest.
Lobatse High Court Judge, Justice Gaopalelwe Ketlogetswe, agreed with Matsheka’s lawyers led by Dick Bayford and Unoda Mack that if the DIS and BPS had complied with the dictates of the law and taken Matsheka before a court of law, the application seeking his release would not have been necessary, let alone instituted.
Justice Ketlogetswe said: “In the present case the respondents (DIS and BPS) have not been able to justify their detention of Matsheka beyond the period prescribed by law. In point of fact the respondents admit that his detention beyond 48 hours was, and remains unlawful.”
“It is without doubt that Matsheka, his detention being said to be admittedly unlawful, is entitled to be released from custody forthwith,” the judge said when he ruled in favour of Matsheka.
He said: “The question that remains is whether or not the arrest of Matsheka, as explained by the respondents, was on reasonable and probable cause, or put differently not an act in fraudem legis (that is a circumvention of the law or rules for ulterior motives) as alleged by the applicant.”
