He informed the state that he intended to sue for over P10m last year
The MP for Lobatse, Dr Thapelo Matsheka, has yet to carry out his intention to sue DISS and the police for damages after he was arrested in connection with the disappearance of Tlotso Karema (6) of Lobatse in winter last year that he made known in August.
Still working on papers
This week Matsheka‘s lawyer, Dick Bayford, said they had not filed the papers yet but were still working on them.
In the statutory notice, Matsheka informed the Attorney General that he would launch court proceedings and seek orders declaring that his arrest and detention were unlawful, that DISS had no authority under any law to conduct investigations into an allegation of murder; that the conduct of DISS officers of bringing Matsheka into court in shackles was unlawful and intended to lower his reputation in the eyes of the public, and that the insistence of the DISS officers to place him in the accused dock when he was not a suspect was unlawful.
Matsheka’s lawyer said in terms of Section 21 (1) of the Intelligence and Security Act, the DISS officers who arrested his client did not have powers to effect such an arrest in that an officer or support staff authorised in that behalf by the Director General of DISS is only empowered, without warrant, to arrest a person if he or she reasonably suspects that that person has committed or is about to commit an offence provided for in the Intelligence and Security Service Act.
“The offence of murder is not an offence under the Act,” said the letter. He pleaded for damages in the sum of P10 720 000.
Meanwhile, the investigations into Tlotso’s death are reported to have slowed down significantly, with some insiders saying the case may have been closed after his burial.