Police get extra time to exhume Mosala
Innocent Selatlhwa | Tuesday December 19, 2023 06:54
The police cite resource constraints for the delay and the period for compliance by the Commissioner of Police has been extended by 14 working days from the December 15, 2023, court order.
The Ministry of Health and its Permanent Secretary have been ordered to provide a pathologist to the Commissioner of Police for the conduct of a postmortem on the body of Pedzani within five working days as ordered in the December 15 court order.
Justice Michael Motlhabi of the Lobatse High Court joined the PS and her ministry's fourth and fifth respondents in a contempt suit by Sapelo Mosala that initially had Commissioner of Police, Phemelo Ramakorwana and Attorney General as first to third respondents.
Council Secretary in the Bobirwa District Council, who was also joined as the sixth respondent, was directed to provide the Commissioner of Police with personnel and equipment to conduct the exhumation of the body of Pedzani within five working days.
Each party is to pay its costs. Meanwhile, the contempt of court application was postponed to January 16, 2024. The family of Pedzani, who died mysteriously while in police custody, had approached the court on urgency after the police failed to exhume and perform a fresh autopsy on their daughter as per an issued court order.
The case originated from the mysterious death of Pedzani, 22, on November 5, in a cell at the Kutlwano Police Station in Francistown. The Mosala family filed a lawsuit against the Commissioner of Police, the Director of Public Prosecutions, the Attorney General, and Dr Mukeba Nkashama, demanding an independent pathology test on their daughter’s body.
Dr Tshepang Makwati, representing Pedzani’s mother, Sapelo, 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. On November 30, Justice Motlhabi ruled that the Commissioner of Police shall facilitate and conduct exhumation or cause to be exhumed the body of Pedzani at their own cost within seven days from the date of the order.
Moreover, according to Jusice Motlhabi’s order, the Commissioner shall secure the services of a government pathologist to conduct a postmortem on the body of Pedzani 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 pursuant to order above. The respondents are to pay the cost of this application,” Motlhabi emphasised. However, as of December 12, the police had not complied with the court order hence the contempt application.
Through their attorney Makwati, the Mosala family want a rule nisi issued calling on the first respondent and the second respondent to show cause why an order should not be made on a final basis, declaring that the first respondent and the second respondent are in contempt of the order of the court dated November 30.
Imposing a fine, such as is deemed appropriate by the court, on the first respondent and the second respondent, jointly and severally and compelling the first respondent to comply with the order of the court. Imposing a term of imprisonment, such as is deemed appropriate by the court, on Ramakorwana, suspended on condition that the second respondent causes the order of court of November 30 to be implemented.
Directing the Respondents to bear the costs of this application on attorney and own client scale. Granting such further and/or alternative relief as the court deems fit. The respondents through their attorney argued that they were struggling to get the services of a pathologist and equipment for exhumation. They hence requested an extended period to comply.