Matsheka raises stakes against DIS
Mpho Mokwape | Monday July 31, 2023 06:00
Matsheka, also a businessman, raised the stakes from his initial P10,720,000 in general damages he had demanded from the notice he issued against the State on August 19, 2022, to P19,160,800.
Matsheka ,who was arrested on August 2, 202, by DIS officers, its support staff, and members of the Botswana Police Service, says he was taken into custody without a warrant, detained unlawfully, treated as a dangerous criminal and as a flight risk, while there were no reasonable grounds for the murder offence. “The arrest was effected in bad faith in full view of members of the public and journalists, which were intended to humiliate and injure my feelings. Same was therefore without justifiable cause, malicious, wrongful, unlawful and injurious,” he said. As a result, Matsheka has taken action against the government, the Director General of the DIS Peter Magosi and the Commissioner of Police for the perp walk among other grievances.
Grounds for Action
Claim A
Matsheka, in his fight for justice, has explained that at or about 7pm on August 2, 2022, at Partial, Gaborone, in full view of members of the public and journalists, certain officers in the employ of DIS, Botswana Police Service and support staff of the DIS arrested him. He said the officers who were acting in the normal course and scope of their employment as DIS, police officers, and support staff effected the arrest without a warrant on suspicion that he had committed murder which was "unlawful and wrongful. “DIS, police officers, and DIS support staff respectively had no reasonable grounds to suspect that I had committed the offence of murder or any other offence,” he said. The legislator said in particular the DIS officers and its support staff did not have any powers to arrest him for the alleged offence and that the officers had no reasonable grounds to suspect that he had committed an offence under the Intelligence and Security Service Act.
Claim B
Following the said unlawful and wrongful arrest, Matsheka pointed out that he was detained at a DIS facility at Sebele in Gaborone and Tlokweng Police Station for a period of August 2 at or about 7pm to August 7, 2022, at or about 4:30pm. He said his detention was at the instance of certain DIS officers and their support staff whose ranks and names he did not know without a warrant and that it was wrongful and unlawful. “As a result of the detention I suffered damages in the sum of P3,000,000,” he said.
Claim C
On or about August 5, 2022, his wife, Veronica Matsheka to whom he is married in community of property, instituted an urgent application at the Lobatse High Court for his release. By the order of the High Court in said proceedings, he was released from custody at or about 4:30pm on August 7, 2022. “I incurred liability in settlement of all legal fees associated with the prosecution of said legal proceedings. I incurred a loss in the sum of P600,000 being the reasonable legal expenses in the prosecution of the said legal proceedings,” Matsheka said. Therefore, he said government is liable to reimburse him for the said loss.
Claim D
The ruling party legislator said on or about August 6 and 7, 2022 at the Lobatse High Court, DIS officers, and supporting staff whose ranks are unknown to him shackled him with leg irons and caused him to walk in and out of court still shackled. He noted that he was not (and was not at the time he was shackled) a flight risk or a person predisposed to violence. The DIS officers and police officers knew or ought to have known at the time that:
* The detention was unlawful * The accused was not a flight risk * The accused was not a person predisposed to violence * There was in the circumstances no lawful or justifiable cause for placing leg shackles on him.
“Consequently, I was photographed and videoed by members of the media whilst so shackled. My photographs and videos in that state were widely published in both the print and electronic media,” he said. Matsheka argued that his photographs, while shackled, conveyed to the public an impression that he was:
* Accused of a serious criminal offence * A flight risk * A dangerous criminal; and * A person predisposed to violence
As a result, he said he was humiliated and suffered damages in the sum of P4,000,000.
Claim E
“On August 6, 2022, at the High Court before the commencement of proceedings certain DIS officers, support staff, and members of the Botswana Police Service whose names and ranks are not known to me, instructed me to sit in the court’s 'accused' dock. "At the time I was instructed by said officers to sit in the accused dock while I was not an accused person. The DIS, support staff, and police officers knew or ought to have known at the time that my detention was unlawful and that there was no lawful justification for instructing me to sit in the accused dock." Matsheka argued that the act of causing him to sit in the accused persons’ dock in full view of the public and journalists was abusive, without justifiable cause, malicious, wrongful, unlawful and injurious in that it was intended to humiliate him and injure his feelings. Consequently, as a result of being photographed and videoed by members of the media whilst so seated and the photographs and videos depicting him in that state, were widely published in both the print and electronic media. “This created an impression in the minds of the public that I was accused of murder and such impression being intended, probable, and foreseeable consequence of the conduct of the said officers,” he said. Matsheka said as a result he was humiliated and thereby suffered a loss of reputation and dignity as a result of being instructed by the said officers to sit in the accused dock. "As a result, I suffered damages in the sum of P1,000,000," he argued.
Claim F
“As a result of the wrongful and unlawful acts of the DIS officers, police officers and support staff as alleged I suffered loss of income in the sum of P8,560,800.” Matsheka, who is represented by Bayford and Associates and Mack Bahuma Attorneys, has given the government 21 court days to enter an appearance to defend failure to which judgement may be sought without notice to the state.