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Botswana: Tawele Sues State for P7m
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The Voice (Francistown)
25 March 2008
Posted to the web 25 March 2008
Ntjidzi Smarts
Francistown
The Councillor for Ipopeng Ward in Francistown, who was a suspect in last year's ritual murder of a 13-year-old Lesego Phenyego, has this week slapped the state with a P7 million lawsuit for unlawful arrest and detention, malicious procedure and defamation.
The Botswana Congress Party councillor, Interest Tawele, is claiming P2 million for unlawful arrest and detention, P2 million for the malicious procedure, P3 million for defamation and P23 800 for the costs of defending himself against the arrest, detention and remand in custody.
Tawele was arrested and charged with murder in November last year, along with Steve Phenyego, after the grisly discovery of the murdered boy's burnt remains in the bush near Goldmine Junior Secondary School. The councillor was then granted unconditional bail as it was said there was no evidence linking him to the murder.
The councillor has so far instituted legal action against Assistant Superintendent Madziba Duna, Director of Public Prosecution, Commissioner of Police and the Attorney General.
The boy's stepfather was also granted bail by the Francistown High Court last week.
The writ of summons submitted to the Francistown High Court states that Tawele was arrested without a warrant by Madziba Duba and some Police Officers based at Kutlwano Police Station. Tawele believes his arrest was unreasonable because it was dependant on rumours and gossip and he was remanded in custody without being given any reason as to why he was being remanded apart from the fact that they alleged the offence was serious but did not allude to the fact he was suspected of having committed it.
"The arrest was unreasonable because it was dependant on rumours and gossip and thus applicant was surprised that, at this period of development, officers still act on rumours and gossip."
Tawele's lawyer, Padzha Kgalemang of Kgalemang and Associates, says as a result of the arrest and detention, the plaintiff suffered damages and loss in the sum of P2 million.
"The plaintiff further suffered damages for deprivation of liberty, freedom and discomfort of prison life in the sum of P2 million and the defendants are obliged to pay the same."
Kgalemang claims the defendants set the law in motion by laying a false charge of murder against the plaintiff and arraigning him before court.
"When laying this charge, the defendants had no reasonable cause for doing so since no evidence existed linking the plaintiff with the murder of any person."
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Kgalemang further claims the prompt remand in custody of the plaintiff was malicious because it was known to the defendants that the councillor was scheduled to go overseas on a tour and the arrest was meant to deprive him the right to undertake an educational trip overseas and had no basis at all in law.
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