Major court highlights for 2022
The courts of law this year handled some of the most momentous and memorable cases in history. From the lowest courts to the Court of Appeal (CoA), a lot was determined in 2022 and yet more is still to be judged. But how did each of the justices rule? There is just too much information to answer all this in one article, but below Mmegi Staff Writer MOMPATI TLHANKANE has summarised of some of the major cases for the year under consideration
An incident which shook the nation and forced the DIS to intervene was the murder of a six-year-old boy Tlotso Karema in Lobatse, which also caused a major public outrage.
Tlotso failed to return home after school and was reported missing on March 18, 2022 after disappearing without trace. On April 13, this year, the police received a tip off and human remains were discovered in the bush along the Kanye road.
The police later revealed that the DNA report from their Forensic Laboratory showed that the remains belong to the missing Tlotso. Tlotso’s family refused to accept the results of the DNA leading to a riot on the streets of Lobatse.
A number of people were implicated in the case among others Tlotso’s step father, a Zimbabwean national, Lovemore Sithole (37) who allegedly played a major role in the murder. Sithole has already appeared before the courts and disclosed some people who were allegedly involved in the murder including Lobatse legislator, Dr Thapelo Matsheka and Peleng East councillor, Thuso Mantsi.
Matsheka arrest and implication
In Tlotso Karema’s murder case, there was a shocking revelation that the Member of Parliament (MP) for Lobatse, Thapelo Matsheka was arrested by the Directorate of Intelligence and Security Services (DIS) allegedly in connection with the murder of the six-year-old boy. Justice Ketlogetswe of the Lobatse High Court, in his ruling, observed that the DIS and the Botswana Police Services (BPS) who detained Matsheka for a few days had attempted to unfairly fuel public anger.
Balete farm case
In a case which made headlines this year when Kgosi Mosadi Seboko exposed President Mokgweetsi Masisi’s meddling hand in the affairs of the land, the Malete Land Board wants the Court of Appeal to reverse a judgment that saw Kgosi Mosadi Seboko and the Ga-Malete Development Trust declared the rightful title deed holders for Kgale Farm. The CoA is yet to make a judgment on the matter.
Khama, Makgophe, Kgosi, Paledi’s unprecedented charge sheet
In yet another shocking turn of events in April this year, the State amended the charge sheet it already had for the former spy chief, Isaac Kgosi to include former president Ian Khama, suspended Police Commissioner Keabetswe Makgophe and former Deputy Permanent Secretary Victor Paledi.
In the record breaking charge sheet, the four high profile figures face charges ranging from illegal acquisition, unlawful possession and stealing of firearms. Kgosi, Makgophe and Plaedi have appeared before the courts so far but Khama who has been in self-imposed exile in South Africa since last year has not shown up.
Debswana, Infotrac case
The High Court ruled that the Diamond giant, Debswana should pay a local company Infotrac P110 million for backdoor dealings in 2018. Infotrac, through its managing director, Mompoloki Motshidi, claimed that it was owed for various deep undercover services it provided to Debswana, which included the alleged spying on the union and lobbying the likes of the late Linah Mohohlo and ex-spy Chief Isaac Kgosi to ensure that the late Albert Milton was appointed the Debswana Managing Director.
The late Gaoberekwe’s CKGR burial case
In a case which started last year and finally decided at the CoA, the family of Pitseng Gaoberekwe suffered a major setback recently when the highest court in the land dismissed a case in which the family wanted to bury their late father (Pitse) in the Central Kalahari Game Reserve (CKGR).
Gaoberekwe’s remains have been lying in the mortuary since mid-December 2021 pending the finalisation of the court case. Gaoberekwe is yet to be buried despite the court’s order that the deceased be buried within a week of the CoA judgement.
Ketlogetswe vs Masisi, CJ and JSC
High Court Judge, Gaolapelwe Ketlogetswe took President Mokgweetsi Masisi, the Chief Justice (CJ) Terence Rannowane and the Judicial Service Commission ( JSC) to court.
Ketlogetswe, who made news headlines recently after he accused the Chief Justice and the Minister for State President, Kabo Morwaeng of judicial interference with regards to the Lobatse legislator, Dr Thapelo Matsheka’s case, has filed a law suit against the above mentioned seeking an interdict.
Justice Ketlogetswe had reported his matter with CJ to Masisi but the latter instead referred the complaint to the JSC. Justice Ketlogetswe does not want the Commission to deal with his matter hence interim interdict application.
But the State recently won a separate case and managed to have some averments in the affidavit struck out. The main case continues in January.
Morupisi escapes jail
Convicted former Permanent Secretary to the President, Carter Morupisi was early this month given a new lease of life by escaping jail term and ordered to pay a total of P130,000 to the State in a matter which ignited public debates. Morupisi was convicted on two counts of corruption and one of money laundering all resulting from the alleged misappropriation of P500 million belonging to the Botswana Public Officers Pension Fund (BPOPF).