AG to defend police, prison heads in Ugandans� suit
Oarabile Mosikare | Wednesday November 4, 2015 15:18
This week the government lawyer notified attorneys for Musa Isabirye and Timothy Yamin that Makgophe and Motlalekgosi shall, at the hearing of the matter, oppose the relief sought by the applicants.
Last week the two Ugandan political refugees filed an application in court charging Makgophe and Motlalekgosi with contempt of court and seeking their committal in prison.
Isabirye and Yamin also want Justice Lot Moroka to order that Makgophe, Motlalekgosi and six police officers each pay a fine of P2,000 as well as pay costs of the application.
At the heart of the matter is a Department of Prisons notice posted on prison walls stating that all prisoners declared prohibited immigrants by President Ian Khama are not allowed any visit including their attorneys.
The notice read: “Attention to all officers and general public. This serves to inform all that the below mentioned who have been declared prohibited immigrants by the President of Botswana His Excellency Sir Seretse Khama Ian Khama are not allowed to be visited by anyone including their legal representatives”.
Both Isabirye and Yamin are prohibited immigrants.
On October 23, 2015, Moroka ruled that the notice was “unconstitutional, irrational and unlawful”.
“The applicants’ legal representatives are hereby permitted to consult applicants. The respondents or anyone acting under their authority are prohibited and/or interdicted from deporting the applicants until the application for an interim interdict is determined to its finality,” Moroka ruled.
Moroka also awarded costs against any party opposing the granting of the ex-parte application. The respondents were given a right to anticipate the rule nisi within 24 hours. The refugees’ lawyer, Martin Dingake subsequently sued saying he was still unable to access his clients and thus Moroka’s order was not being complied with. “At the material times of obtaining the court order and upon its service as well as at the time I sought to consult clients, the applicants were in the custody of the police service, the police officers cited and the Commissioner of Police. To insist, as they did that they be party to the proceedings goes on to demonstrate the willful nature and bad faith of their conduct,” wrote Dingake in his founding affidavit.