Dismissed BDF couple soldiers on
Mpho Mokwape | Tuesday February 9, 2016 13:05
Before Gaborone High Court, Justice Zein Kebonang, the state yesterday said that with the review application, they sought to object the manner in which other cited respondents in the matter were joined into the proceedings.
Represented by Tshepo Kgaswanyane, the State’s main contention is that the couple was dismissed by the BDF Commander, therefore there was no reason at all to join the other parties who included the Deputy Commander and two Lieutenant Colonels.
Kgaswanyane said the other respondents should not have been joined since the Commander was the one who took the decision to fire the two.
“We believe the others have no part to these proceedings and we have an objection for that, their matter is entirely different from the one the couple are pursuing,” he said. However attorney for the couple, Othusitse Mbeha of Duma Boko Attorneys said the action of the commander was not an isolated one. He argued that the action of the BDF Commander was a result of the actions of the other parties who have been joined.
“The Commander took the decision after the recommendation of the other joined respondents therefore they do not have a stand-alone case but they are part of the proceedings,” he said.
Earlier on Kebonang had questioned why the State objected to something that they had earlier consented to, noting that the other parties were joined after a consent order was given.
He said without pre-judging the matter, he did not see any merits in the state’s objection, but said the review application would be heard nonetheless. Meanwhile the couple, Thabang Tlhapisang and Kozondu Cisquo Uariua filed a suit before court seeking a review of their charges and their subsequent dismissal from military duties. The two were accused of engaging in an inappropriate relationship sometime in 2012 and each charged on August 22, 2014 with a single count of conducting themselves in a manner that was prejudice of good order and military discipline contrary to the BDF Act.
Subsequent to that, they were both dismissed from the military on October 28, 2014 through a letter dated October 27, 2014. Tlhapisang was employed as a 2nd Lieutenant while Uariua was employed as a private soldier based at the Sir Seretse Khama Barracks (SSKB).
In their amended notice of motion lodged through their attorney filed on August, 14, 2015 the couple is seeking to challenge their former employers on the policy that was used to dismiss them from employment and why such decisions could not be reviewed.
The cases have been set for argument on April 11th.