Francistown High Court judge, Mpaphi Phumaphi has reserved judgment in a case in which former Botswana Congress Party councilor Interest Tawele is suing government for P5 million.
Tawele, who is represented by attorney Phazha Kgalemang of Kgalemang and Associates, launched the lawsuit against government after he was detained in connection with the murder of a 13 year old boy in Francistown.
Tawele was arrested and detained at Tonota Police station on November 29 2007. He was charged with murder on November 30th.
Tawele argues that government’s charges were unlawful and malicious and resulted in great embarrassment and humiliation to him.
“The defendants wrongfully and maliciously set the law in motion by laying false charges of murder against Tawele, which charges were later read in court” reads Tawele’s affidavit.
One of the defendants, Assistant Superintendent Alakanani Makobo said he ordered that Tawele be detained after the deceased’s family disclosed that he had paid strange visits to their house before the deceased’s disappearance.
“The deceased’s family told us that he was informed that the body had been found. But when we questioned him he claimed ignorance of the fact that the body was discovered. This raised suspicions on our side” added Makobo.
Tawele’s attorney Phazha Kgalemang said his client was unlawfully arrested and detained as there was no direct evidence linking him to the murder.
“Clearly the defendants have nothing to show as evidence that Tawele was linked to the murder. There is not even a postmortem report linking my client to the crime,” said Kgalemang.
Tawele, a former Ipopeng Ward councilor, was charged together with one suspect for the murder of 13 year old Lesego Phenyego in what was suspected to be a ritual killing in November 2007.
The defendants are represented by David Moloisi of the Directorate of Public Prosecution.