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Botswana: Councillor Sues State for P4 Million
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Mmegi/The Reporter (Gaborone)
18 March 2008
Posted to the web 18 March 2008
Oarabile Mosikare
Francistown
Botswana Congress Party (BCP) councillor for Ipopeng ward Interest David Tawele has slapped the state with a multi-million suit for unlawful arrest, detention and malicious proceedings.
The councillor claims P2 million for unlawful arrest and detention and P2 million for malicious proceedings. He wants P23,800 for costs he incurred in defending himself against the arrest, detention and remand in custody.
The councillor was arrested in November and arraigned in court over a murder charge. He has sued assistant superintendent Madziba Duba, Director of Public Prosecution, Commissioner of Police and the Attorney General. His attorney Phadza Kgalemang says that without a warrant, Duba and other policemen from Kutlwano station arrested and detained him unlawfully because he had not committed any offence nor was he reasonably suspected of having committed any offence. "In addition there was no prima facie evidence whatsoever and thus the plaintiff has done nothing wrong.
As a result of the arrest and the detention, the plaintiff suffered damages and/loss in the sum of P2 million and the defendants are obliged to pay him such damages," Kgalemang says. He submits that malicious proceedings were started against his client at the Francistown magistrates' court. A false murder charge was laid against Tawele and another person.
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"When laying this charge and giving this information, the defendants had no reasonable or probable cause for doing so, nor did they have any reasonable belief in the truth of the information given since no prima facie evidence existed linking the plaintiff with the murder of any person." As a result of the defendants conduct, Kgalemang disclosed that his client was arrested and remanded in custody for 14 days until the High Court ordered his release. The attorney claims the arraignment before the magistrate and the prompt remand in custody was malicious because it was known to the defendants that the plaintiff was scheduled to go overseas on a tour. The arrest and the arraignment and remand was meant to deprive his client the right to undertake an educational trip overseas. As a result of the defendant's conduct, Tawele suffered damages for contumelia, deprivation of liberty, freedom and discomfort of prison life in the sum of P2 million. Hence the defendants are obliged to pay compensation to the councillor.
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