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Pilane seeks State protection

Pilane contends that confidential information was subsequently leaked, exposing him to risk PIC: KENNEDY RAMOKONE
 
Pilane contends that confidential information was subsequently leaked, exposing him to risk PIC: KENNEDY RAMOKONE

Pilane made his demands clear, placing personal safety concerns at the centre of his intended legal action against the government and several public officials following his transfer from the corruption unit to the Botswana Defence Force (BDF).

In a recent notice of intention to sue issued through his lawyers, Pilane claims that authorities have failed to properly investigate threats made against him and the alleged leakage of confidential information, which he believes exposed him to danger.

The notice reveals that Pilane is seeking a court order compelling the Director General of the DCEC and the Commissioner of Police to investigate how confidential information relating to him was allegedly leaked and whether that leak contributed to threats against his life.

He is also asking the court to direct the Botswana Police Service and any other competent authority to immediately and thoroughly investigate death threats that he says he received on September 1, 2024.

Beyond the investigation, Pilane wants the court to order that he be provided with protection while the matter remains unresolved.

The demand for protection forms one of the key remedies sought in the notice, with Pilane arguing that the authorities have a legal obligation to respond to threats against his safety.

According to the notice, his lawyers will ask the court for 'an order directing the Botswana Police Service and/or any competent authority to immediately and thoroughly investigate the death threats received on September 1, 2024 and to provide me with protection pending finalisation of the matter'.

The notice also seeks 'an order of mandamus directing the Director General of DCEC and/or Commissioner of Police to forthwith investigate the leakage of confidential information that led to the death threats against my client'.

Pilane's legal team argues that the alleged failure to investigate the threats and the alleged disclosure of confidential information amount to a violation of his constitutional rights and a failure by the state to fulfil its statutory responsibilities.

'The failure to investigate the death threats and leakage of confidential information violates our client's constitutional rights and the State's statutory obligations,' the notice states.

While the document raises several employment-related grievances, including disputes over transfers and appointments within the DCEC, the issue of security and protection features prominently among the remedies being sought.

The notice links the alleged threats to events that occurred during Pilane's tenure in senior leadership at the DCEC. According to the document, he served as Acting Director General of the anti-corruption agency between June 2022 and July 2023 and oversaw several high-profile corruption investigations involving senior public officials.

Pilane contends that confidential information was subsequently leaked, exposing him to risk and resulting in threats to his life. The notice does not detail the nature of the alleged threats, but it maintains that authorities were informed and have not adequately investigated the matter.

As part of the intended court action, Pilane wants the judiciary to determine whether the state failed in its duty to protect him and whether sufficient steps were taken after the threats were reported.

His lawyers have notified the government of the intended legal proceedings under Section 4 of the State Proceedings (Civil Actions by or Against Government or Public Officers) Act and have given the relevant authorities 30 days to respond to the demands contained in the notice.

Should the matter proceed to court, one of the central questions is likely to be whether law enforcement agencies and other authorities took reasonable and lawful steps to investigate the alleged threats and the reported leakage of confidential information.

For Pilane, the immediate concern outlined in the notice is not only accountability for what he alleges occurred but also ensuring his personal safety. Through the proposed litigation, he is seeking both an investigation into the source of the alleged threats and state protection while the matter is being addressed.

The allegations in the notice have not yet been addressed, and no findings have been made regarding the claims. The intended action reflects Pilane's account of events and the relief he seeks from the courts.