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Pedzani's family demands millions in compensation

Mosala family with their lawyer Makwati.PIC.KENNEDY RAMOKONE
 
Mosala family with their lawyer Makwati.PIC.KENNEDY RAMOKONE

Makwati, speaking to The Monitor, said that a statutory notice has been served, outlining their intent to demand monetary compensation amounting to “a few million pulas" within 30 days. "It is not based on who killed who, but just on the liability that the person was in their custody, and they should have prevented death in their custody," Makwati clarified. The legal documents were served on November 17, with plans to issue summons to the police when courts reopen next year, as they are expected to have closed on December 17. The development follows a recent ruling by the High Court's Justice Michael Motlhabi, mandating the exhumation of Pedzani's body and a subsequent independent autopsy by a government pathologist. The Commissioner of Police is ordered to bear the costs and submit a docket to the Director of Public Prosecutions for further action.

The case originated from the mysterious death of Pedzani, 22, on November 5, 2023, in the cells at Kutlwano Police Station in Francistown. The Mosala family filed a lawsuit against the Commissioner of Police, the Director of Public Prosecution, the Attorney General, and Dr Mukeba Nkashama, demanding an independent pathology test on their daughter's body. Makwati, representing Pedzani's mother Sapelo Mosala, argued that the circumstances surrounding her Pedzani's death warranted an inquest under the Inquests Act. He expressed concerns about the secrecy surrounding the autopsy conducted by Dr Nkashama and questioned the objectivity of a pathologist with ties to the Botswana Police Service. The legal proceedings revealed peculiar facts, including accusations of theft leading to Pedzani's abduction by two Zimbabwean men.

The family raised questions about accountability, transparency, and the actions of those in power. Makwati listed numerous queries, such as the reasons behind Pedzani's detention, the mysterious disappearance of her bloodied clothes, and the contradictory versions presented by the involved parties. The Mosala family had sought a court order, including the exhumation of Pedzani's body, a full investigation, access to evidence, an independent autopsy, and the setting aside of reports claiming suicide. They assert that the circumstances demand an inquest, accusing the Commissioner of Police of unlawful and irrational decisions.