Sunday, November 27, 2022

Dow takes “Museveni” to court

Fresh court papers show that Dow has assembled a battalion of lawyers in the case in which she intends to unmask Facebook user France Museveni. The case is slated for 24 November.

According to the latest court records that are before the High Court, the lawyers are expected to assist the former minister to subpoena a number of commentators on social media platform as well as Facebook itself to unveil Museveni.

Dow has appointed attorneys Kgalalelo Monthe, Jeremiah Mbizo Themabani, Unoda Mack, Dineo Makati Mpho, Victor Ramalepa and Tumaisang Dow.

According to Dow, some of the above law firms, could be substituted “in my name, place and stead, to appear before the above-named honourable court or whenever else maybe necessary and then and there as our deed to oppose/defend legal proceedings by the Applicant in the above case number.” 

Dow was responding to Botho Seboko of the Directorate of Intelligence Services’ application in which he sought a number of reliefs from the High Court. Seboko has filed a defamation lawsuit against Dow. This was after the former minister allegedly claimed that the Facebook character, Museveni is Seboko. Among other things, Seboko sought the High Court to declare that Dow’s conduct to constitute cyber stalking or offensive electronic communication contrary to sections 17 and 18 of the cybercrime and computers related crimes Act, 2018. 

Seboko also sought the court to direct Dow to refrain from maliciously or repeatedly using electronic communication of an offensive to harass him in violation of section 17 of the cybercrime and computers related crime act, 2018.

Seboko also sought the court’s intervention in directing Dow to desist or refrain from maliciously or repeatedly using electronic communication of an offensive nature to disturb the peace, quit or privacy of the applicant in violation of section 18 of the cybercrime and computers related crimes, 2018.

In what is expected to be an explosive case, suspended Directorate on Corruption and Economic Crime (DCEC) Director General Tymon Katholo and former DCEC legal advisor Carlos Salbany have deposed affidavits in support of Dow’s defence against a law suit filed by Seboko.

In her reply, Dow has denied that “I have conducted myself in any way that support the relief that is sought by the applicant (Seboko).”

Dow asserted that Seboko “is an employee of the of Botswana as Director of Research and Analysis in the Directorate of Intelligence and Services (DIS) and operates from an office at the DIS Head Quarters, Main Mall, Gaborone.”

Dow denied that “I have cyber harassed or stalked or in any way acted in the manner asserted by the applicant.”

She stated that “all approaches to the applicant were done by myself in the belief, a belief I still hold, that he has the power and authority to discontinue the actions of France Museveni, he, applicant, being the depository of all intelligence gathered by the DIS. I make the following further assertions on this point.”

According to Dow, Seboko, in his capacity as the Director of Research and Analysis at the DIS is the receiver of, and clearing house for, all intelligence collected by the DIS. She said Seboko is a key functionary in the Botswana intelligence cycle; which cycle comprises the President and the Central Intelligence Committee (CIC) as the decision maker, intelligence collectors at the DIS, the applicant (Seboko) as the intelligence analyst and lastly, the intelligence disseminators, the latter being the Director General of DIS.

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