The Directorate of Intelligence and Security (DIS) interrogated Dr Thapelo Matsheka for just 30 minutes in the 72+ hours that he was in detention, the Lobatse legislator has said.
This is despite the DIS fighting tooth and nail to keep the ‘suspect’ beyond the 48 hours with no charge as prescribed by the Section 36 of the Criminal Procedure and Evidence Act.
Matsheka told Sunday Standard this week that he was only questioned for a few minutes during the entire time that he was in custody which interrogation happened not long following the dramatic arrest at his Gaborone residence.
The former Finance minister said the DIS and Police pounced on him immediately following the close of Parliamentary business in the evening of Tuesday August 2nd, 2022 in full view of his wife and children.
“They wanted to humiliate me in full view of my family and the media.” He said while the arrest in itself was embarrassing the law enforcement officers at least had the decency not to cuff him then.
“They directed me to hop into a combi that was parked by the gate,” he told Sunday Standard. Matsheka said he was even shocked to learn he was arrested in connection with the Lobatse missing child Tlotso Karema.
“It was a total shock,” Matsheka said. “Remember I was at the (Lobatse) kgotla meeting that addressed the public about the missing child. I even advised that the police should be allowed to do their work without interference.” He said there had been rumours that he would be arrested even before news about the missing child broke. Matsheka believes his political enemies saw the missing child’s matter as an opportunity to derail his political career.
“The end game was always to stain my reputation.” He said his arrest speaks volumes about the professionalism of Botswana’s law enforcement institutions.
“There was never any evidence presented before me to justify the arrest,” Matsheka told this publication. “I never even gave a statement in relation to why I was arrested.”
He said the brief interrogation was conducted by DIS agents who were more concerned about his political connections including his relations with Botswana Democratic Party (BDP) Secretary General Mpho Balopi. Matsheka called his detention a rude awakening that nobody is immune to arbitrary detention. In his judgement Lobatse High Court judge Gaolapelwe Ketlogetswe said the law is clear as to what should happen in relation to a person who has been arrested without a warrant of arrest. He said the law mandates that such a person shall be detained for no more than 48 hours, where after the person should be taken to a magistrate for their further detention.
Justice Ketlogetswe said the position of the law in Botswana is such that all arrests, being interference with the subject’s constitutionally protected right to liberty, are prima facie unlawful, unless the arrest is founded on a reasonable and probable cause. “The burden to justify an arrest and detention lies with the person who would have effected same, in this case, the DIS and Police.” Matsheka was yet to be charged of any crime at the time of going to press.
