DISS agents have gone to court to demand P4.4 million in damages for alleged human rights violations of alleged unlawful arrest and detention, illegal searches that breached their privacy and prevention of access to legal counsel and family support. Staff Writer TEFO PHEAGE reports
Special agent Sebuweng Mukani and intelligence officer Mpho Molokwane are each suing the state for P2,200,000 for unlawful arrest, detention and search by members of the Directorate of Intelligence and Security Service (DISS) and Botswana Police Service (BPS) officers.
The two officers allege that they were arrested and detained for the allegations of ‘leaking.’
The cause of the action arises out of the same facts and the respective rights of relief flow from the same facts in this case.
Without judicial warrant
The two were arrested on 21 March and 22 March 2024 and detained in BPS cells at Urban Police Station in Gaborone. They allege that they were subjected to a physical search of their persons and their residences.
The search was without judicial warrant and equipment and protection gear belonging to DISS and lawfully issued to them were seized from their houses by DISS and the police.
Whilst under arrest and subsequent detention, they were allegedly refused access to family assistance and access to legal counsel.
“The first and second plaintiffs were individually told by the arresting team that they had been arrested for, and were being detained for, ‘leaking,’” their attorney, Kgosietsile Ngakaagae, wrote in court papers.
No specific offences
“No other transgression was alleged or has since been alleged. No details of the leaking were provided and no specific offences creating statute was cited to them. No rights were read to them.
According to Ngakaagae, his clients asked for judicial warrants but none were produced by the arresting officers. No reasons were given as to why the warrants could not be obtained.
The Attorney General, DISS and BPC were served on 26 February 2025 and are yet to respond to the lawsuit.