Former station commander drags magistrate to court
Sharon Mathala | Thursday March 24, 2016 11:46
The case continued briefly this week before Justice Godfrey Radijeng of Lobatse High Court judge on Monday. The matter was yet again postponed after the Attorney General (AG) for Lebakeng failed to file their plea.
The former station commander dragged Lebakeng to court last year April. According to court papers, on June 4, 2014, Ramabokwa was arrested by another superintendent, who had served him with a warrant of arrest. The warrant said that it was because Ramabokwa disobeyed the orders of the magistrate.
“At the court and on the same day of 4th June 2014 plaintiff (Ramabokwa) was hauled before the Lobatse Magistrate Court with the said Cele Motlaleng [now Lebakeng] presiding who stated that she was prosecuting the plaintiff for contravening the penal code, which deals with disobedience of lawful orders despite her not possessing prosecutorial powers in respect of the offence,” Ramabokwa claims.
The former cop also claims that the magistrate then ordered that he be imprisoned at the Lobatse state prison and the he appear before her two days later. Ramabokwa appeared before court two days later and was then ordered to be further remanded for another 20 days. He claims: “At all material times when Magistrate Motlaleng wrongfully arrested, detained and imprisoned plaintiff she acted out of malice; she acted beyond her judicial powers by determining a matter which is outside the confines of her jurisdiction and acting with utter contempt in respect of trite and basic constitutional provisions which were common fact to her by virtue of her position as an experienced magistrate boasting more than five years experience in the said position.”
The magistrate’s order was however overturned on June 25, 2014 by Justice Key Dingake who ordered that the station commander’s detention and imprisonment were both unlawful and declared unconstitutional.
In the matter before Radijeng, Ramabokwa is also seeking P1 million compensation for defamation. The former police officer said in court papers that the magistrate had used unpleasant words against him. He claims the Magistrate said: “Kea go bona sematla, o irresponsible, o ne o promotiwa ke mang? Ke se o bonang o palelwa ke bo Shaka.”
“O sematla ke go boleletse. Mr Dintwa go gogiwa motokwane ko Lobatse Police station. Mapodisi a tla bolaana. Ke tlhola ke tsena teng ba sa nkitse, ke fitlhela go gogiwa motokwane.”
The magistrate, in the presence of other police officers and court clerks, uttered these statements according to Ramabokwa. He argued that the statements were made with the intention to defame him and injure his reputation.
“The statement was understood by the addressees and was intended by the defendant to mean that the plaintiff was unfit to hold office and was a beneficiary of favouritism in his promotion,” reads court documents.
In total the former station commander is seeking compensation of a total of P4,800,000. The case continues on April 16. Attorney Thapelo Mphala represents the former police officer.