Judge finds no harm police disciplinary process

Lebogang Mosikare | Thursday January 18, 2018 13:00

 

Moesi made the determination in the case of a police officer, Mmoloki Mmereki against the Attorney General (AG) representing the police.

Mmereki had commenced action by way of writ of summons seeking P150,000 as damages, 10 percent interest from the date the matter was operational until it was finalised and 10 percent interest after he was summoned to appear before a Botswana Police Board Class II for disciplinary hearing.

According to the background of the case, Justice Bengbame Sechele issued an order permanently staying the disciplinary hearing against Mmereki on February 19, 2016. 

The Botswana Police Service through the Botswana Police Board Class II launched the disciplinary proceedings.

“I wish not to state that it is the plaintiff’s case that the said disciplinary proceedings for discernable conduct were a malicious prosecution on account of which the defendant incurred delictual liability towards him,” Moesi said.

Quoting a case from India, Moesi stated that, “To sum up the question for determination, a disciplinary proceeding is an administrative proceeding.

It is a non-judicial determination of fault or wrongdoing. While it may include in some cases, penalties of various forms, it strictly remains an administrative proceeding and a non-judicial determination of fault or wrongdoing”.

A disciplinary proceeding, Moesi added, is typically conducted by government institutions or departments or disciplined forces such as the police and military institutions. 

“Consequently, I find that there is merit in the defendant’s contention that a disciplinary proceeding does not amount to prosecution and that an action for malicious prosecution cannot arise from a disciplinary hearing,” the Judge said, adding that “The plaintiff is hereby ordered to pay the costs of the defendant on an ordinary scale”.