Stay far away from suspended agents – DIS ordered
Mpho Mokwape | Monday June 3, 2024 08:38
The legal order follows DIS' appearance before Justice Boipuso Makhwe of the Lobatse High Court on Monday, begging the mercy of the court after failing to file against alarming allegations of continuous harassment made by three of its suspended top agents.
The suspended agents, the Director of Legal Pulane Kgoadi, the Principal Intelligence Officer, Paul Setlhabi, and the Deputy Director of Legal, Kuda Malikongwa, who have fallen out with their employer had filed an urgent interim interdict application seeking amongst others, orders against repeated abuse and infringement of their rights by the Botswana Police Service and spy agency.
They filed an interim interdict against the Attorney General (AG) Mpelegang Abram, the Commissioner of Police Dinah Marathe, and the DIS Director-General (DG) Peter Magosi, accusing them of repeated harassment involving arrests and detention. In her ruling, Justice Makhwe said the matter filed by the agents was urgent and deserved to be treated as such.
“The Commissioner of Police and the DIS boss are interdicted from further arresting, detaining, and searching without judicial warrant, the person of Pulane Kgoadi, Paul Setlhabi, and Kuda Malikongwa in connection with criminal and administrative investigations referred to suspension letters of April 24, 2024,” she said. Justice Makhwe explained that the commissioner and the DIS boss were interdicted from entering or searching without judicial warrant the agents' residences and were also interdicted from parking their vehicles at or near the official residences of the agents.
On allegations by agents that they are often forced to report for duty, the judge ordered a relief. “You are interdicted from demanding the attendance of the agents to their offices for duties against any medical certificate issued in their favour by any duty enrolled and practising medical practitioner, and should, in any case, give them at least 24-hour notice of such interview,” reads her ruling. In conclusion, Justice Makhwe said the above orders will act as an interim interdict while the agents are said to have filed an application for a final interdict within 60 calendar days of issuance of the court order. Justice Makhwe’s ruling comes in the wake of the state’s failure to seek a postponement of the matter after defaulting against responding to allegations levelled by agents, especially against the spy unit’s boss, Magosi.
By the end of business on Tuesday last week, Abram, Marathe, and Magosi had failed to file replying papers against the agents’ interdict application. At the time, attorneys for the State from Collins Newman had confirmed that they could not file due to the absence of Magosi. “It is true we have not yet filed due to the absence of DG Magosi. This is because allegations have been made against him and it is his answering papers we need more. What we have now is just a draft and his signature is needed and we are not sure when he will be back,” said the attorney.
Meanwhile, in their application, the agents alleged that their rights had been affected. According to their interdict application, the top agents had alleged that their rights had been violated, especially the right to privacy in their homes, the right to privacy in their communications, the right against unlawful arrests and detentions, the right against forced labour, the right to mental and bodily health, and the right to access family and legal representation.
The interim interdict was scheduled for a hearing on Monday and the agents said pending the filing and resolution of an application for a permanent interdict, they want Marathe and Magosi interdicted. “The Commissioner of Police (Marathe) and Magosi are interdicted from entering and/or searching, without a judicial warrant, the residences of Pulane Kgoadi and Paul Setlhabi, Kuda Portia Malikongwa in connection with criminal and administrative investigations referred to in the letter. They are interdicted from parking their vehicles within 100 metres of the official and other residences of the applicants,” read their interdict application.