BDF commander faces jail time
Sharon Mathala | Tuesday January 16, 2024 06:00
The soldiers, Mpho Baleseng, Matlhogonolo Kearabile, Timothy Mogatwe, Kaone Matlhosi, Moagisi Buti, Morena Mangesi, Karabo Tsimako, Baeng Ramohobo, Edward Gabaikanngwe, Vincent Motsie and Lesego Mokopakgosi on Friday filed contempt of court charges against Lieutenant General Placid Segokgo whom they said failed to abide by the October 13, 2023 court order.
Last year, the Lobatse High Court declared that the officers, who were trained as soldiers but were attached to the DIS after being commissioned, were indeed BDF soldiers and deserved everything enjoyed by their intake counterparts. The order issued by Justice Jennifer Dube stated that the purported contracts between the soldiers and DIS were never valid (cannot be enforced by law) and therefore set aside.
The order further declared that the soldiers were entitled to basic salary, benefits, salary adjustment enjoyed by their intake counterparts at the BDF who had not been attached to the DIS like them. Now, the 11 soldiers say following the court order they reported for duty but were sent back. “Prior to the filling of the rescission application, we caused our attorneys to address an urgent letter to the respondents demanding compliance with the court order. Some of us indeed went to Sir Seretse Khama Barracks to report for duty at BDF but were sent back on the basis that the respondents were intending to file an application for rescission,” said the soldiers.
The soldiers said while in the process of the application they continued to receive their salaries under DIS. “Notably, DIS had previously advised those of us engaged in this legal action to go home to focus on the case, an instruction we had no other option but to adhere to,” their court papers further read. The soldiers said on November 30, 2023 some of them were called to the office of the Deputy Director corporate services to collect some document. "Unaware what the document was about, they duly complied, went to the office and found their dismissal letters waiting for them.
They said the document in question was titled, “mutual release and separation agreement from employment with the Directorate of Intelligence and Security.” “Our understanding of this development was that the respondent had decided not to continue their challenge against the final judgment in our favour, and to that extent they had decided to comply with same. In order not to lose all those that were unlawfully ferried to DIS from BDF, the DIS had offered, as an incentive to stay in DIS, to increase their salaries to those that are commensurate with the BDF,” further reads their plea.
Now they say they have not received their salaries while other DIS employees have received same. “It is only us who have not been paid,” they said. “The partial compliance is an act of bad faith as it deliberately overlooks the holistic intent of the court’s decision, which was to ensure our employment status is maintained without interruption. By withholding salaries and proceedings as if separation agreements were in effect, DIS and BDF have acted contrary to the judicial determination that sought to protect our rights and careers,” they argued. According to them the behaviour of the BDF is a clear disregard of the court’s decision, they said, adding that after finding out about the DIS recent action, the BDF should have immediately reintegrated them back into its fold.
“The non-action by the commander in the face of the High Court judgment not only reflects a disregard for the court’s decision but also a failure in executing the duties entrusted to him (Segokgo) under the Act,” they argued. “The urgency of this application is underscored by the immediate and severe impact of the DIS actions on our livelihoods and well-being. The abrupt cessation of our salaries has placed us in such a precarious financial position.
We are unable to meet essential expenses such as food, school fees, utilities, and other basic necessities. This situation is dire and necessitates immediate court intervention.” In the end the soldiers want the BDF commander to be imprisoned for a period of one month for contempt. The matter will be heard this week.