- Family of victims and survivor want compensation in millions of pula
- Victims shot by police in freaky instances of mistaken identity
- Govt has reportedly admitted liability but is now querying compensation levels sought
SESUPO RANTSIMAKO
A Gaborone-based private law firm has volunteered to represent three people who were wounded when members of Botswana Police Service (BPS) acted to preempt an armed robbery at Sefalana Cash and Carry in Gaborone West in November last year.
Two bystanders were in the crossfire and died while one was injured. According to the police, the two who died were Oaitse Modumo, who was a cashier at Sefalana, and Kebadirile Dikago a customer at the time of the shooting who was an employee of the Citizen Entrepreneurial Development Agency (CEDA).
The survivor is Mpho Matsoga, who was reportedly sitting in his parked car when he was hit and injured by fired bullets by the police.
A fight for justice
The families of the two deceased and the survivor have mounted a fight for justice and Modimo and Associates has offered its services on a no win, no fee basis.
Said Dr Edwin Makwati, Associate at Modimo and Associates, in an interview: “I can confirm that we have offered our legal services to the families of the victims on a no win, no fee basis. Batswana should know that we want to help as many people as we can.
“We are currently fighting for damages for these victims. Moreover, we want the members of BPS who shot the victims to also be held accountable. Infact, they should face criminal charges for their actions.”
Too high
Dr Makwati said while the government – specifically the Attorney General (AG) as the respondent – initially admitted liability in all the three cases and preferred an out-of-court settlement, it is now complaining that the amount sought is too high.
According to Makwati, the survivor Matsoga, whom the police seem to think was sitting in a getaway vehicle, is seeking compensation of P7 million. Six bullets were allegedly fired at his car, one of which struck him on the left side of his back, exiting of the chest and missing his heart by few inches.
Pelonomi Dikago, who is the wife of the deceased CEDA employee, is seeking P5 million on behalf of herself and their three minor children. Her husband was shot multiple times while loading goods in a marked CEDA vehicle. He died on the spot.
Shot four times
In Modumo’s case, the family is seeking P1.4 million. The Sefalana employee was shot four times by the police while helping the CEDA employee to load goods in the car. He died shortly thereafter.
According to Modimo and Associate, while the government has admitted liability and wanted to settle out of court, it raises curiosity why it is now complaining about the levels of the compensation sought.
According to Dr Makwati, the first case will go before the Lobatse High Court for assessment of damages on 12 December.