The former Lobatse Member of Parliament’s comments come amidst speculation that the Directorate on Intelligence Security and the Attorney General could be seeking an out-of-court settlement in matter. The speculation comes hot on the heels of an admonishment of general state litigation by President Duma Boko who said the government should avoid needless litigation.
Matsheka alleges he was unlawfully arrested and detained from August 2 to 7, 2022 by members of the Directorate of Intelligence and Security (DIS) in connection with a missing six-year-old from Lobatse who was later found dead. Matsheka, who is suing for P19 million in damages, amongst other things, says the legal challenge is not about the money but justice and vindication from the crime he was accused of having committed.
“I faced humiliation and suffered a great deal at the hands of the state organs when they had no reason to suspect me of a murder crime or let alone any crime they might have imagined,” Matsheka told this publication in an interview. The former MP, who has since quit politics, says he is seeking justice for his unlawful arrest and detention and that he lost so much due to the public embarrassment he was subjected to without any reasonable ground.
“The case is under Case Management Conference (CMC), and I am looking forward to the day it goes to court because that is where I am looking for justice.
“An out-of-court settlement is an option. I am not much into it. I want them to explain in court the reason behind what they did to me,” he said.
Matsheka was a suspect in Standard One pupil Tlotso Karema’s murder in 2022, as the intelligence agency alleged his involvement during the arrest. Matsheka says he endured humiliating and degrading treatment at the hands of the spy unit, thereby suffering a loss of reputation and dignity.
Matsheka said he wants the DIS to explain in open court what led to their decision to accuse him of the heinous crime. He stated that the DIS officers and the police enjoyed wide media attention when they arrested him. He said the DIS was happy to parade him in full glare of the public when they handcuffed him as multitudes of people watched live.
“They ruined me and everything that belongs to me.
“My personal life and my businesses all took a knock when I was arrested and accused of murder.
“They were happy to put me in handcuffs while the whole country was watching, and that is why I want this case to go to trial because I want them to stand in court and give an explanation,” he said. Matsheka also emphasised that though a settlement offers some sort of relief, it does not give him the justice he is seeking.He pointed out that if there is a settlement, there will not be much explanation as to why he had to face such humiliation and embarrassment being accused of something he did not know of. “No amount of money can compensate for what I went through at the hands of the DIS. It is far from the justice that I deserve to get for what I lost and everything I went through,” Matsheka said.
The former legislator also said he suffered a huge financial loss as his companies were put under a lot of scrutiny due to the acts of the DIS. He said it would be unfair for him to “let things go just like that” without getting an explanation. He pointed out that the state has been quiet, though they are yet to file their pleadings to the lawsuit.
“They have ignored us, but the case is under CMC, and we are hoping that there is a court date soon since the lawsuit was filed a long time ago.
“I am hoping the court will provide some sort of relief to my demand for justice,” he stated.
Meanwhile, in the lawsuit filed on June 29, 2023, Matsheka says he has every right to sue as he was arrested without any cause and treated like a dangerous criminal “despite the DIS agents knowing that the arrest was wrong and unlawful”.
“I am entitled to seek orders declaring that my right to personal liberty, protection against degrading treatment, and that of the law, has been violated by acts of officers who under the orders of the Director General of the DIS, Peter Magosi, and the Police Commissioner, who were at the material time acting in the ordinary course and scope of their duties,” he said.
The former BDP legislator explains that the humiliation was enough to make him suffer impairment to his dignity and reputation as a consequence of wrongful and unlawful arrest as well as detention.
According to his P19 million lawsuit, which follows a statutory notice that initially sought damages in the sum of P10 million, Matsheka wants damages broken down as follows:
Damages: l P2 million for unlawful arrest
l P3 million for unlawful detention
l P4 million in respect of the wrong of placing leg shackles on him
l P1 million in respect of the wrong of being forced to sit in the dock at the High Court
Special damage:l P600,000 for legal expenses
l P8,560,800 for prospective loss of income Further on his claim, Matsheka wants the cost of the suit and other alternative relief.
Not only does the businessman-cum-politician want damages in monetary form, but he also wants the court to make declaratory orders as follows:
l Declaring that an arrest effected on him by members of the DIS officers, their support staff, and the Botswana Police Service at his residence in Partial Gaborone on August 2, 2022, at or about 7pm was wrongful, unlawful, and injurious.
l Declaring that DIS officers and support staff who arrested him did not possess the power under the Intelligence and Security Service Act or any other law to arrest him under the circumstances for the offence he was alleged to have committed.
l Declaring that his detention at the police station(s) under the overall charge of the Commissioner of Police and at the DIS facility at Gaborone for the period of August 2 at or about 7pm to August 7, 2022, at or about 4:30pm was wrongful, unlawful, and injurious.
l Declaring that the act of placing leg shackles on him by officers of the DIS, support staff and the police at the High Court in Lobatse on August 6 and 7, 2022, when he was an accused person was without justifiable cause, wrongful, unlawful, degrading, humiliating, and injurious to him.
