The Gaborone High Court has reinstated a Directorate of Intelligence and Security (DIS) employee who was fired on medical grounds by former spy agency’s director general, Isaac Kgosi.
Walter Matsoga’s employment was terminated in 2017 for medical reasons, months after he was involved in a car accident. Last Friday High Court judge, Justice Godfrey Radijeng ordered that Matsoga be reinstated and that he be paid arrears and the costs of his litigation.
Justice Radijeng said the dismissal of Matsoga was unfair and that Kgosi’s decision was illegal to retire the applicant on medical grounds.
“The applicant should be reinstated and paid all his arrears from the date he was fired. He is also entitled to cost of litigation,” he said.
Justice Radijeng agreed with Matsoga that he should not have been fired since the employer had established that he was capable of disposing secretarial duties.
Also, the Judge said the dismissal was illegal since Matsoga was not subjected to any fresh medical evaluation prior to his dismissal but the spy chief only relied on an evaluation that was done a while back.
The judgement came after Matsoga had filed a review application seeking that Kgosi’s decision be reviewed and be declared unlawful, as he was not dismissed in accordance with the Public Service Act.
In his court documents he wanted his dismissal from the DIS reviewed on grounds that
He explained that he was able to perform duties he was hired to do or alternative duties that were deemed suitable for him.“If the employer was in doubt about my health, the logical thing to do would have been to subject me to another assessment,” he said.
Further on his grounds, Matsoga said his retirement was in violation of the Act, which applies to the DIS employees, as they have not been excluded from it like other security personnel such as police and BDF.
His contention was that he was not notified in writing of the constitution of the medical board and was never furnished with a copy of the report as mandated by the law and was not given the opportunity to make representation as required by law.
Matsoga explained that he had been at ease before taking legal action as he was given impression by his former attorney that the matter was being resolved until around July 2018.