Ex-cop sues police for unwarranted termination

Lebogang Mosikare | Tuesday March 15, 2016 15:10

 

This came to the fore in court recently in a case in which Boitumelo Mompe is challenging his dismissal from the police service in 2015.

Othusitse Gabolwelwe acting on behalf of Mompe, is seeking the court to review the decision to terminate his client’s employment without stating any reason(s) why.

Gabolwelwe told Justice Phadi Solomon that he has not been furnished with any reasons whatsoever by the Botswana Police Service Board 2 and Botswana Police Service Council for firing Mompe.

“I am waiting for the defence to furnish me with minutes of proceedings that were recorded when the decision to terminate the employment of my client was taken,” said Gabolwelwe.

In response, counsel Ida Joel from the Attorney General Chambers (AG) said no minutes were recorded when the decision to summarily dismiss the appellant from work was arrived at. This, however, caught Solomon by surprise. She enquired as to why the minutes of the decision to fire the appellant were not taken.

Said Solomon: “Surely there must be minutes of what happened when the appellant was fired from work before a decision of doing so was taken”.

Gabolwelwe added that the absence of the minutes preceding the decision to fire his client shows that no deliberations ever took place before the appellant was fired.

Solomon further said she found it difficult to believe that there were no minutes that were recorded when the process to terminate Mompe’s employment on September 14, 2013 was taken.

Solomon asked Joel whom she was communicating with at the board to which Joel responded: “I was communicating with one of the board’s legal officers.  But I don’t think there were any minutes kept because the appellant was not called for a hearing”.

Solomon said to make progress in the matter, it was best if people who took the decision to terminate the employment contract of the appellant were summoned before court to explain their decision and why there were no minutes recorded.

Solomon postponed the matter to April 27, 2016 for status hearing.

Meanwhile, a 33-year-old man was sentenced to 10 years in jail for manslaughter after he pleaded guilty to  the offence.

Passing sentence, Solomon said she took into consideration that the accused, Edirafetse Bakang, was 28-years-old when he killed Gaolathe Legong at Serowe in 2011 after an alcohol drinking spree.

“The accused has pleaded guilty to the charge and he saved the court’s valuable time. He is a first offender who has shown remorse for his actions.  He had no intention of killing the deceased.  The deceased also provoked him, which led him to commit the offence,” said Solomon.

On the other hand, Solomon said the offence that the accused has committed is a serious one even though he is a first offender who the courts are normally lenient with when passing sentences.

“The interest of the state, society and the accused should be taken into consideration before passing an appropriate sentence. In my view a custodial sentence would serve the interests of all parties concerned in this matter,” Solomon said.