Former spy chief, Isaac Kgosi is demanding P50 million from the State for unlawful arrest and wrongful detention that happened at the Sir Seretse Khama International Airport in January 2019 upon his return from India.
The former director general of the Directorate of Intelligence and Security (DIS), who was arrested in the full view of the public, is accusing the State of carrying a malicious and unlawful arrest on claims of tax evasion when there was no proof to that effect.
According to the particulars of his claim, Kgosi said he was returning from a friend’s wedding in India with family when he was ambushed with an unlawful and irregular warrant of arrest issued by Palapye Magistrate’s Court.
“All cited in the papers acted individually and collectively, unlawfully and wrongfully engineered my arrest by falsely alleging that I had evaded to pay tax in 2017 and obtained an irregular warrant of arrest at Palapye Magistrate’s Court for tax evasion that purportedly occurred in Gaborone,” he said. He explained that those in attendance to ensure the unlawful arrest was effected were DIS director general, Peter Magosi, Botswana Unified Revenue Service (BURS) general manager, Kaone Molapo and several officers that after the arrest he was detained at a military facility at the Sir Seretse Khama Barracks, which was unlawful and wrongful.
Kgosi in denying claims of tax evasion said he had never evaded tax or failed to pay tax to BURS-a fact that is known to them but the State decided to maliciously and falsely cook up allegations meant to facilitate the unlawful arrest.
“The DPP through Botswana Police applied for a warrant for my arrest. The first application was in Gaborone and it was never issued. Magistrate Motsamai issued the second one in Palapye, which was never applied for,” he said.
The former spy chief also alleges that Magistrate Motsamai in issuing the warrant, abused her powers and authority with no factual basis, thus enabling for his arrest. He pointed out that in issuing the warrant of arrest in Palapye, the State was also aware that police had applied for the same warrant in Gaborone and that the warrant was not issued in the names of the commissioner general nor at the instance of the DPP. Kgosi said as a consequence of his unlawful arrest and wrongful detention by the State he suffered damages in the amount of P50 million made up of unlawful arrest, P15 million, unlawful detention P5 million, deprivation of freedom P3 million, inhuman treatment and emotional shock P10 million, aggravation of the spinal injuries P7 million, pain and suffering, P10 million.
He said the arrest and detention were unreasonable, malicious and without legal basis and therefore unlawful and wrongful.
Kgosi’s writ of summons follows a statutory notice issued on January 21, 2021 in which he made notice of his demands as he said he was arrested in full view of the public and international travellers and that the arrest was broadcast on various media outlets, radio stations, Btv and various social media platforms.
Cited in the papers are Magosi, Botswana Police, DIS, BURS, Molapo, Attorney General, Mbako Bonang, Koketso Mbulawa, Botswana Defence Force and Rebeca Motsamai.
Attorney Diba Diba from Thabiso Tafila Attorneys represents Kgosi. The case is before Justice Dr Zein Kebonang.