Former Director General of the Directorate of Intelligence Services (DIS) Isaac Kgosi is demanding P50 million for unlawful warrant of arrest and detention in a military prison at Sir Seretse Khama Barracks.
In a surprising turn of events, the matter is before High Court Judge Dr Zein Kebonang who happens to be a co-accused with Isaac Kgosi in the P230 million National Petroleum Fund (NPF) case before they were discharged and acquitted.
The state is represented by Deputy Attorney General, Charles Gulubane, who argued the NPF case. Kebonang and Kgosi were acquitted in that case.
Documents before court show that Kgosi is interested in the evidence of Palapye Magistrate Court Rebecca Motsamai who is cited as the 10th defendant as the main person who had authored the alleged unlawful Warrant of Arrest when the arrest did not fall under her jurisdiction.
Kgosi, who is represented by Diba wa Diba and Thabiso Tafila of Thabiso Tafila attorneys, says the warrant of arrest was irregular and forged.
Kgosi is challenging the DIS, Kaone Molapo (employee of BURS) and BURS arguing that they have no lawful reason to request a warrant of arrest for the plaintiff (Kgosi).
He is also challenging the Botswana Defence Force, the Botswana Police Service (BPS), Mbako Bonag (BPS) and Koketso Mbulawa(BPS).
“In abuse of her Judicial discretion and powers, the 10th defendant acting in concert with the 1st,2nd ,3rd, 5th ,6th ,7th and 8th defendants issued an irregular Warrant of Arrest in Palapye against Kgosi without any application before her for the arrest of Kgosi. Magistrate Motsamai did so knowing that she had no jurisdiction over the tax matter,” said Tafila.
In his defence Kgosi argued that he stays in Gaborone and not Palapye. |He argues the alleged tax evasion occurred in Gaborone and not Palapye.
The court documents reveal that there was no evidence before her that the plaintiff evaded tax in 2017.
He said magistrate Motsamai of Palapye Magistrate deliberately acted in violation of her judicial oath and in abuse of her office, alternatively allowed her office to be abused by BPS and BURS.
Tafila said acting on the irregular and unlawful warrant of arrest the defendants individually, jointly and collectively effected the unlawful arrest of Kgosi on the 15th January 2019 at Sir Seretse Khama International Airport upon his arrival from India with his family.
The court papers compiled by Tafila reveals that at the time of Kgosi’s arrest, the defendants had individually and collectively invited the news media such as Botswana Television, Private Newspapers and Online publications to record and extensively broadcast the plaintiff’S arrest. The sole purpose was to humiliate and embarrass the plaintiff by portraying him as a criminal.
The court documents reveal that Kgosi through Tafila argued that as a consequence of unlawful arrest and wrongful detention of the Plaintiff by defendants at SSKA, Gaborone and subsequent detention on the evening of the 15th January 2019 at Mogoditshane army barracks, the plaintiff suffered damages in the amount of P50 million, which is made up of P15 million for unlawful arrest, P5 million unlawful detention and P3 million for deprivation of freedom.
Kgosi also demands damages of P10 million for Contumelia, inhuman treatment and emotional shock, P7 million for aggravation of the plaintiff spinal injuries and P10 million for pain and suffering.
Kgosi’s lawyer Tafila said the arrest and detention was unreasonable, malicious and without legal basis and therefore unlawful and wrongful thus making all the defendants liable.
“Despite my arrest and detention, I have never been brought before any judicial officer to be examined and to answer to the allegations of my intent to evade liability as alleged and demanded by my Warrant of Arrest,” said Kgosi.
In his Court papers Attorney General Charles Gulubane said the state through Attorney General intends to oppose the lawsuit issued by Kgosi against the state.