. The latest being agents, Sebuweng Mukani and Mpho Molokwane. This is just as the other agents were indefinitely suspended sometime March 2024 following allegations of leaking confidential information and are now suing a collective of P4.4million. It has been stated that the first plaintiff in the case, Mukani is a special agent having worked with the DIS since 2008 while the second plaintiff, Molokwane’s office is generally tasked with intelligence gathering and investigative work for DIS. In recently filed court papers Mukani and Molokwane, allege that prior to being put on indefinite suspension, they had been barred from the workplace for a period of nearly a month by verbal order issued by DIS Chief of Staff who at the time purported to have been acting on behalf of Magosi.
Following their suspension, the agents said they were subjected to a series of unlawful arrests, detention and searched by the same joint team of DIS officers and the Botswana Police Service (BPS) officers over the same allegations of leaking information. In their lawsuit, the agents’ cause of action arises out of the same facts as their other colleagues involving arrests and detention and the respective rights. Their cause of action is that the acts of DIS and the BPS alternatively, officers acting under their specific or general command, were unlawful and/or wrongful as against both of them especially that: *No specific crime was disclosed to them at the time of arrest or during the period of detention warranting such arrest, detention and searches and to date no specific crime has been stated. *No reasonable suspicion existed for them to have committed any crime warranting their arrests, detentions and searches. *No judicial warrants for the arrests, detentions and searches were obtained by the DIS and the BPS when no legally cognisable circumstances existed for non-obtainment of the same. *No lawfully cognisable excuse existed for denying them the assistance of family and access to counsel at arrest and during detentions contrary to their request and to the requests of their families and further contrary to court orders duly issued by the High Court of the Republic of Botswana. *They had committed no offence.
Mukani’s case
It's alleged that on March 22, 2024, she was arrested by a combined team of members of the DIS and the BPS, acting jointly and in concert. The arrests were said to be without judicial warrant and that she was detained in BPS cells at the Urban Police Station, in Gaborone. “The detention ended on the 23rd March 2024 of which it was without judicial warrant. On March 23, 2024, I was subjected to a physical search of and my residence by the combined team and the search was without judicial warrant,” she said. She alleged that during her arrest and detention, equipment and protective gear belonging to the DIS and lawfully issued to her including but not limited to uniform were seized from her house by members of DIS and BPS. Mukani also stated whilst under arrest and subsequent detention, she was refused, by police, access to assistance by family and access to legal counsel. Her claim as the first plaintiff she is seeking compensation
*Unlawful Arrest(s) - P 400, 000 *Unlawful Detention(s) - P400, 000 *Breach of Privacy through Unlawful Search of person and home - P400, 000 *Denial of access to family assistance at arrest and during detention- P500, 000 *Denial of access to legal counsel at arrest and during detention in the first instance - P500, 000 In total she prays for a judgment in the sum of P2, 200 000.
Mokolwane’s case
On March 20, 2024, a criminologist by profession Mokolwane alleged that he was arrested by a combined team of members of the DIS and the BPS, acting jointly and in concert and that he was detained at BPS cells, at the Tlokweng Police Station, in Gaborone. The detention ended March 23, 2024 and that the detention was without judicial warrant. He alleged that on March 23, 2024, he was subjected to a physical search of his person, his vehicle, and his residence by the combined team aforesaid. The search was without judicial warrant where equipment and protective gear belonging to DIS and lawfully issued to him including but not limited to uniform were seized from his house by members of DIS and BPS. “Whilst under arrest and subsequent detention, I was refused access to family assistance and to legal counsel,” he alleged.
As second plaintiff he seeks monetary compensation in *Unlawful Arrest - P400, 000 *Unlawful Detention - P400, 000 *Breach of Privacy through Unlawful Search of person and home - P400, 000 *Denial of access to family assistance at arrest and during detention - P500, 000 *Denial of access to legal counsel at arrest and during detention in the first instance - P500, 000. He prays for judgment in the sum of P 2, 200, 000. In conclusion the agents have stated that there exist grounds for liability because at all material times the arresting and the detaining officers, being members of DIS, and members of police service, were in their conduct acting during the course of and/or, within the scope of their employment. “Their unlawful and/or wrongful actions/conduct were in whole or in part the actions of the Botswana government offices in particular the Directorate on Intelligence and Security and the Botswana Police Service,” they alleged The agents said have individually suffered harm resulting from such actions and that the government of Botswana is the sole cause of the harm through the acts of the officers which acts are its acts and is liable as against them individually for damage resulting there from. As a result, they argued that they suffered harm in the following in that regard for which the government is liable and for which they are entitled to compensation.
