Pedzani's body yet to be exhumed
Innocent Selatlhwa | Monday December 11, 2023 15:20
Justice Michael Motlhabi of the Lobatse High Court on November 30, 2023, ruled that the Commissioner of Police shall facilitate and conduct exhumation or cause to be exhumed the body of Pedzani Mosala at their own cost within seven days from the date of the order.
Moreover, according to Motlhabi's order, the commissioner shall secure the services of a government pathologist to conduct a postmortem on the body of Mosala within a reasonable time from the date of the order.
"The commissioner shall compile a docket and forward same to the Director of Public Prosecutions to decide after the conduct of the postmortem conducted pursuant to order above. The respondents are to pay the cost of this application," Motlhabi emphasised.
Speaking to The Monitor on Sunday, Makwati said the family was unhappy with the progress.
“The family is frustrated that nothing has been done thus far. The only update we got was that the attorney for the state told me on the fourth day that they were still looking to secure a caterpillar and a pathologist for the job, but to date, nothing has been done. I also learnt that Police from Francistown came to see the family to offer their condolences on Friday, but nothing was said about the exhumation and investigation,” he said.
Makwati slammed the police for taking their time, stating that they were deliberately delaying because they had a lot to hide and wanted the body to decompose to a state where it would be difficult to conduct an autopsy.
He, however, said they would stop at nothing and that they were ready to launch a contempt of court application that could see Police Commissioner Phemelo Ramakorwane jailed.
Efforts to get a comment from the police proved futile as Public Relations Officer, Superintendent Selinah Omphile said they were still consulting and would revert today (Monday). The Monitor sought to establish the progress made by the police regarding the matter.
The case originated from the mysterious death of Pedzani, 22, on November 5, 2023, in a cell 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 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 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.