George Thomas Nyanda, a Gaborone based traditional healer is suing the government for P227 740 as money for damages.
Through a statutory notice served by his lawyer, Mishingo Jeremia, of Francistown based law firm Jeremia Attorneys, in October 2012 this year, legal proceedings were instituted against his client by police officers in Francistown from Kutlwano Police station.
Nyanda was charged, between the 1stof October 2012 in Selepa location in Francistown for allegedly defrauding and unlawfully obtaining from one Unami Madatha of Francistown the sum of P120 000 by falsely representing to him that he is a traditional healer and that he will cure his personal problems whilst in fact he knew that he had no lawful title or authority to do that.
The applicant was then arrested, detained and appeared at the Francistown Magistrate court to answer a single count of “obtaining by false pretenses” contrary to section 308 of the penal code.
He was then incarcerated at Francistown Prison. He was released on 6th of December 2012 after the state released the charges against him.
In the statutory notice his lawyer claims that there was no offence which his client was facing.
Jeremiah further says in the notice that his client suffered several damages as his prosecution was malicious and unreasonable due to the fact that he was hurriedly arrested, detained and charged when there was no evidence suggesting that he committed any offence. He also claims that there is no evidence suggesting that his client committed any offence.
“The charge against my client was a publicity stunt because after the arrest and detention, the Kutlwano Police Station Commander was quoted in a local newspaper appealing for evidence from the public which could lead to the conviction of my client,” he said in an interview.
He further says that the malicious proceedings which received wide publicity have greatly injured his client feelings, and his reputation and dignity was affected by being dragged before court when there was basis to do that.
“Before his release, my client had made several court appearances and his case was highly publicized in the media.”
The respondent is expected to reply within one month.