In what is a matter that threatens to shake Botswana’s security intelligence services and also expose the extent to which phone companies cooperate in unauthorised spying, a former army General is demanding a total of P12 million from the Botswana Defence Forces and beMobile.
Former BDF Commander of Ground Forces, Major General Pius Mokgware, has kick-started a legal process that is likely to end up at the country’s highest courts.
Mokgware, who was said to enjoy a great personal following among the BDF junior officers, was sacked from the army by President Ian Khama in February this year, following allegations of irreconcilable differences between the country’s army top brass.
If Mokgware’s allegations are true, then it would mean that before he was sacked he was a subject of unlawful and constant surveillance and scrutiny by his juniors at the army.
Mokgware says he feels insulted and has suffered the indignity of being treated worse than a common criminal.
“The conduct complained about has caused our client no small amount of distress and anxiety and is a serious affront and insult to his person and dignity,” says part of Mokgware’s letter to the BDF commander served to BDF’s Lt. General Tebogo Masire through the Attorney General, Athaliah Molokomme’s office.
Mokgware claims that around January this year, a BDF Intelligence Officer (known to this paper) erroneously sent him a text message requesting for details of his communication on his private mobile number.
He states that from the text message, it was clear the message was a request to a beMobile employee and “it was self evident from the sms that this was not the first time that such information had been requested”.
Mokgware is represented by Salbany and Torto Attorneys.
Mokgware claims that his investigations point to the involvement of the army’s high ranking officials who instructed junior officers to tail him.
The ultra-judicial surveillance on General Mokgware entailed what he has referred to as “systematic monitoring and tapping of phone calls, communications from his cellphone and general surveillance”.
Allegations of unauthorised surveillance on himself by such a senior and key military figure will no doubt send chilling fears among the civilian population who have often said the country’s intelligence and security officers were tapping their communications without following the due judicial processes.
“Such surveillance and interception of client’s private communication by the BDF and officers concerned was not only illegal as same has never been authorized under any Court Order or other lawful instrument, but also amounted to a serious infringement of our client’s right to privacy as guaranteed under Section 3 of the constitution of Botswana,” the lawyers state.
For this, Mokgware says he wants compensation in the sum of P6 million from BDF.
Also dragged into the suit is beMobile, a cell-phone subsidiary of the state owned Botswana Telecommunications Corporation.
beMobile is accused of aiding and abetting the BDF’s “unlawful surveillance” on General Mokgware.
Mokgware says that beMobile’s conduct is shocking and further “amounts to a breach of section 52 of the Telecommunications Act on confidentiality of subscriber’s information”.
Mokgware claims beMobile unlawfully disclosed his personal information to BDF intelligence operatives.
For aiding the BDF operatives to access his mobile information General Mokgware wants P6 million from beMobile.
Mokgware says that his investigations have revealed that BeMobile has been assisting BDF intelligence officers with call registers and communication from his cellphone.
“Client now lives with perpetual fear that his private and personal lives are under scrutiny by unauthorised persons as enabled by yourselves. Your breach and conduct in this regard is a serious affront and insult to client’s person and dignity as client has been treated with complete disregard for his rights to confidentiality under the subscriber agreement he has with your organisation…” the lawyers contend.
Mokgware has threatened to lodge a complaint with the Botswana Telecommunications Authority against BeMobile.
