Wanted Former Ugandan MP In BPS Custody

Goitsemodimo Kaelo | Monday October 26, 2020 16:36

 

Wanted Former Ugandan MP In BPS Custody

Kipoi, a refugee who fled his country fearing political persecution after he was charged with treason back in 2010, is currently detained at Urban Police Station in Gaborone following his arrest by the police in Tlokweng on October 15, 2020.

In a letter dated October 19, 2020,  through JJ Matomela Attorneys addressed to Botswana Police Commissioner through his attorneys, Kipoi said he intends to sue the Attorney General, Director of Public Prosecutions, Commissioner of Police and the Director of Immigration if he is not released from custody.

The former Uganda legislator’s lawyers have given government an ultimatum to release their client or make an undertaking that in the event that he is expatriated, he be taken to South Africa where he resides not to Uganda.

“We request a formal assurance and or confirmation from your office that client will not be expatriated to Uganda. We advise that we have been instructed to institute legal proceedings to seek court order interdicting any attempt to expatriate client to Uganda if no assurance is given by your office within 24hrs, that indeed that is not the position,” read the demand letter in part.

It is said Kipoi was arrested for overstaying in Botswana beyond the allocated days, and is also considered a prohibited immigrant.

However, his lawyers have denied the allegations.

“Client has entered the country, Botswana, lawfully on March 9, 2020 and he has not experienced any problems at the border. As at the time of his arrest, client was awaiting the regularisation of his application for residence permit with the immigration department. Client has always applied for extension of his days in the country, as evidenced by the documents attached hereto,” argued the lawyers in the letter.

They said Kipoi entered Botswana lawfully but was unable to return to South Africa due to the travel restrictions, which were imposed following the outbreak of the coronavirus (COVID-19), and consequently his days expired.

Kipoi’s lawyers further argue that whilst he originates from Uganda, he escaped from the latter and settled in South Africa where he attained citizenship. In this regard, they argue that it would be contrary to international law to deliver him to Uganda, given the likelihood that he will face persecution upon arrival.

“If the Botswana government hands me over to the Ugandan authorities, my right to life and other freedoms face grave danger at the hands of the regime.

The offence of treason carries a death penalty in Uganda,” Kipoi said. According to the papers, Kipoi has strong bonds in Botswana as he has children in the country whom he is taking care of, as well as conducting business in the country.