In its latest ruling against the DIS, the High Court has dealt another costly blow to DIS Chief Rtd Brigadier Peter Magosi, leaving taxpayers to shoulder P4.45 million for his criminal theatrics, once more
GAZETTE REPORTER
The Directorate of Intelligence and Security (DIS) Director-General Peter Magosi and the Botswana Police Service (BPS) have been found liable for the unlawful arrest and detention of two senior intelligence officers, a ruling that will cost taxpayers P4.45 million.
Lobatse High Court Judge Justice Matlhogonolo Phuthego delivered the judgment on Tuesday, awarding damages to Pulane Pretty Kgoadi, the Director (Legal) in DIS, and Paul Desmond Setlhabi, a Principal Intelligence Officer. The two had sued the government, describing their treatment as a politically motivated and vindictive campaign by the DIS leadership.
The Attorney General, DIS, and BPS were cited as defendants, but none appeared in court to defend the state.
UNLAWFULLY ARRESTED
According to court documents, Kgoadi and Setlhabi alleged were unlawfully arrested and detained, with their homes and persons searched without warrants or reasonable suspicion of any crime. They further claimed they were denied access to legal counsel and family members, in violation of High Court orders.
Each plaintiff sought over P2 million in damages for unlawful arrest, detention, breach of privacy, and denial of access to counsel and family. Kgoadi sought P2.2 million, while Setlhabi claimed P2.25 million.
RULING
Justice Phuthego ruled that: “The arrests and detentions of the plaintiffs, as well as their searches and denials of access to their families and legal counsel, were unlawful and wrongful.” He ordered that the government pay damages and costs, noting:
“The defendants have failed to demonstrate that their conduct was lawful and in order,” and that the state had failed to file its defence within the prescribed 14 days.
2024 CASE
The case stems from a 2024 lawsuit in which the plaintiffs accused the DIS Director-General of abusing his position to punish them for carrying out investigations authorized by former President Dr. Mokgweetsi Masisi into alleged improprieties within the intelligence agency and safety concerns at Air Botswana.
The officers claimed their findings implicated the DIS Director-General and that the Permanent Secretary to the President, Emma Peloetletse, had improperly leaked investigative materials, including audio recordings, to the very individual under investigation. Their affidavits suggested the arrests were intended to suppress evidence and pre-empt accountability within the intelligence service.
STATE’S CASE
In response, the state tried to strike out portions of the plaintiffs’ declaration as “scandalous and vexatious”, arguing that the claims violated provisions of the Intelligence and Security Service Act. Justice Phuthego dismissed this attempt as an abuse of court process.
“The defendants have neither filed heads of argument nor appeared before the court to make oral submissions,” he observed.
“This is a clear sign that the defendants are not keen to defend the claims lodged against them.”
DAMAGES
The judgment instructs the Registrar of the High Court to assess the specific damages payable to both plaintiffs in accordance with court rules. Based on their claims, the total liability to the state stands at P4,450,000, excluding interest and legal costs.