Court orders DIS to return 'spies' to BDF
Mpho Mokwape | Tuesday November 21, 2023 06:00
The Lobatse High Court recently declared that the officers, who were trained as soldiers but taken by the DIS immediately after being commissioned, were indeed BDF soldiers and deserve everything enjoyed by their intake counterparts. An order issued by Justice Jennifer Dube states that the purported contracts between the soldiers and DIS were never valid (cannot be enforced by law) and therefore set aside.
"The purported resignation letters to BDF are declared fraudulent, unlawful, and of no effect.
Soldiers are declared members of the BDF in good standing," reads the order. The judge explained that the soldiers were entitled to basic salary, benefits and all salary adjustments reckoned from November 8, 2013, enjoyed by their intake counterparts at the BDF who had not been attached to DIS. She also declared that the soldiers be paid the difference between the emoluments they would have enjoyed at BDF had it not been for their attachments to DIS from November 8, 2013, to the date of the court order and the emoluments they earned from DIS during the period of their attachments. "Directing that payment of the sums of money mentioned above accrue interest at the rate of 10 per annum from the period of November 8, 2013 to date of payment," stated the order.
Moreover, the sum of P3 million, which was sought by the soldiers as special damages will be assessed by the Registrar as the order pointed out. The affected soldiers, Mpho Baleseng, Matlhogonolo Kearabile, Timothy Mogatwe, Kaone Matlhosi, Moagisi Buti, Morena Mangesi, Karabo Tsimako, Baeng Ramohobo, Edward Gabaikanngwe, Vincent Motsie and Lesego Mokopakgosi took the Commander of BDF, DIS and Attorney General to court seeking that they are declared members of the BDF.
They argued they were forced to resign and were never given a chance to voice their grievances about being yanked from BDF to DIS without proper consultation. The soldiers' cause of action was premised on the Commander of BDF and DIS' alleged fraudulent and unlawful acts, amongst others. They mentioned that DIS officers made false and misleading statements to them to the effect that they were never employed and/or even qualified to be employed by the BDF but rather their application letters were picked from the 'dustbin'.
"Making the above statements with the fraudulent intent of inducing us into signing purported contracts of employment with the DIS and purportedly 'resigning' from BDF, which statements did in fact induce us into acting as intended by the Commander and DIS. The soldiers also said they were forced to take action because DIS officers made false and misleading statements to Gabaikanngwe, Motsie and Mokopakgosi to the effect that the resignation letters should be signed to "beat the system" so they could receive their accrued leave day payments earned whilst on BDF training. Bakwinya Mazhani of Ramalepa Attorneys represented the soldiers while Tebogo Kwapa represented the Commander of BDF, DIS, and the Attorney General.