Inmate sues commissioners of police, prisons

Lebogang Mosikare | Monday September 5, 2022 06:00

In his lawsuit, the applicant, Kago Monato, says he suffered injuries following a car accident that occurred while he was boarding a police mini bus to prison following his appearance at the Francistown Magistrate's Courts.

Monato is suing the Police and Prison head honchos for the pain and suffering occasioned to him in the aftermath of the accident. The Quantum mini bus overturned after one of the inmates, Gobuamang Ntsuape, allegedly swung its steering wheel causing it to overturn in the process.

Ntsuape made national headlines for the wrong reasons in September 2016 after he was charged with one count of murder, arson, five counts of malicious damage to property. In May this year, Justice Lot Moroka sentenced Ntsuape to death in relation to the murder of Sadi Kgosietsile. Sadi met her untimely death after Ntsuape burned the house in which she, her husband, children and grandchildren were sleeping in. Sadi is the mother of Ntsuape’s ex-girlfriend, Dorcas Kgosietsile.

The death row inmate landed in serious trouble because he could not fathom the fact that Dorcas had jilted him.

Following the overturning of the minibus at the alleged instance of Ntsuape, the State charged him with the murder of Thuso Ntusa, a special constable and Emmanuel Mapholo, a Zimbabwean inmate who was charged with rape.

Ntsuape is awaiting his verdict before Justice Barnabas Nyamadzabo. The family of Ntusa has since sued the Police and Prison commissioners for negligence following his death.

However, Justice Tshegofatso Mogomotsi has since ruled in the Commissioners’ favour.

But the Ntusas through their attorney Kesegofetse Molosiwa have since approached the country’s apex court, The Court of Appeal, in an endeavour to overturn Mogomotsi’s verdict. Giving his evidence in chief while being asked by Tholego Monthe from the Attorney General, one of the State witnesses, Mbatshi Otukile, who was the driver of the minibus when Ntsuape ‘caused it to overturn’ on December 1, 2016, told the court that the minibus overturned whilst he was taking some prisoners to the Francistown Centre for Illegal Immigrants (FCII). At the time the FCII was used as a prison facility because the Francistown State Prison was undergoing some renovations.

Asked by Monthe where the alleged mastermind of the accident was seated in the minibus, Otukile said that Ntsuape was seated behind the driver’ seat.

“As the minibus was on its way to prison, Ntsuape jumped over from where he was seated and swung its steering wheel causing it to overturn on its left side in the process... I also did not hear any argument between inspector Kelekang Tshepo (who has now been promoted to the rank of Assistant Superintendent) and Ntsuape. People in the minibus were just having casual talk. Also, I did not answer my mobile phone whilst still driving the minibus,” said Otukile.

When asked by Monato’s attorney Molosiwa under cross-examination, Otukile confirmed that Ntsuape was seated just behind the driver’s seat and caused the minibus to overturn after he swung its steering wheel.

Previously, the court heard that at the time Ntsuape allegedly caused the minibus to overturn, he was handcuffed only on his one hand and was also on leg shackles.

On the other hand, Tshepo had also previously told Justice Lot Moroka that when the minibus overturned, Ntsuape was seated at the back seat. The senior police officer also pointed out that usually, the police transport prisoners in bakkies with secure canopies which block them (prisoners) from having any access to drivers.

Tshepo, however, said he cannot agree with Molosiwa that the bakkies with canopies are the only safest mode of transporting the prisoners since mini buses can also perform the same purpose.

Judgement in the lawsuit will be delivered on November 22, 2022.