Soldiers lose court case over allowances
BDF Commander Lt Gen Placid Segokgo was dragged to court by 14 soldiers staking claim to Special Forces Allowances
Botswana Defence Force Commander Lieutenant General Placid Segokgo has triumphed against 14 BDF officers over Special Forces Allowances.
Judge President Tebogo Tau set aside a decision by the High Court granting the officers, the relief they sought to be paid the allowances with effect from January 2016.
She stated that the respondents did not prove on balance of probabilities that they were entitled to the Special Forces Allowances. She said the judge therefore erred in granting them the reliefs they sought. She said from 2004 to 2012, a Special Forces Allowance was paid to CGU as they were considered to be part of the Special Forces Group.
According to the judge, it is not clear whether this particular allowance was discontinued when the CGU was separated from the Commando Unit. “The respondents claim Special Forces Allowances on the basis of Circular No 1 of 2020, which was issued by the Permanent Secretary to the President. In terms of that circular, the entitlement to the Botswana Defence Force Special Forces Allowance was pursuant to the Presidential Directive Cab 31 SP ( A) 2015 based on Cab Memo bearing similar number.
The Cab Memo made it clear that the Special Forces Allowance was payable to those having obtained Botswana Special Forces Qualifications, and based on persons maintaining Special Forces Standards or performance based. The Appellants averred that the respondents failed to adduce evidence that they possess Counter Terrorism Qualifications, that they perform special forces duties and that performance of their duties was satisfactorily or up to the expected standards,” said Judge President.
She said the Respondents maintain that they are members of the Special Forces, having so qualified. They claimed to have undergone Special Forces Training Course at the BDF and were issued with certificates, she said. Justice Tau stated that the respondents also argued that there is nothing material that changed the terms of deploy
ment post 2012.
“The burden of proof lies on the respondents to prove on a balance of probabilities that they are qualified as Special Forces and that they perform duties of Special Forces.
The respondents also need to prove that they were eligible for payment of special forces allowance,” she said in the judgement.
The respondents are employed by Botswana Defence Force and have been deployed to the Ceremonial Guard Unit ( CGU). Upon joining the Force, they underwent a recruit basic training course. They were later trained in VIP Protection and some of them obtained a Special Force Qualification.
They filed an application seeking a declaration that they were members of the Special Forces of the BDF; that they were entitled to the BDF Special Forces Allowance as per the Permanent Secretary to the President’s Circular No 1 of 2020 and several previous circulars on the allowance; and that being members of the Special Forces, were entitled to be paid their remunerations in terms of the Special Forces Pay Structure with effect from January 2016.
The High Court held that the officers were qualified members of the Special Forces under the BDF and were therefore entitled to the allowance.
Segokgo challenged the decision of the High Court on grounds that it erred in concluding that Ceremonial Guard Unit formed under Circular No 81 of 1988 was to be trained to Special Forces standard, whereas the said Circular made a clear distinction that members of the CGU were to be trained to Special Forces standard in tactics, a standard near to that of the Commando Squadron, a unit which was later renamed Special Forces Regiment.
He also argued that the court a quo erred in narrowing the issue to classify the Applicants as members of Special Forces and therefore entitling them to all the benefits that come with that classification without considering their deployment and performance of Special Forces Missions as Special Forces operations.
According to Segokgo, the lower court erred in concluding that the officers were not required to exhaust the internal remedies thereby usurping the functions of Defence Council, the only entity entrusted with recommending the allowances for members of the BDF to the President. He argued that it is not the function of the court to determine which allowances they are entitled to, but the Defence Council.
The CGU, which was established in 1988, was mandated to carry duties such as State House Guard, Ceremonial Parade, Presidential Escorts and VIP Security.