‘UNLAWFULLY DETAINED’
‘I went to the police to report but got locked up.’
Oanthata Kealeboga (35) of Kanye plans to sue Botswana Police Service (BPS) for unlawful detention in November last year. According to Kealeboga, when he went to Sir Seretse Khama Airport (SSKA) Police Station to report that he was almost hijacked the previous day, he got locked up and spent a night in a police holding cell.
On the evening of the 26th of November 2022, together with his friend, Kealeboga went to Block 10 in Gaborone to meet friends who had just arrived from South Africa.
They spent time with their friends until 0200hrs the next day.
“We decided to head back home to Tsholofelo but on the way, a car drove past and stopped in right front of us , almost blocking our way. The car was a red Honda Fit and there were two people inside, I even recorded the number plate”.
Since it was early in the morning they assumed that the driver might have been drunk but they were certainly not going to stop and get out of the car.
“We then drove out around the car and proceeded on our journey,” Kealeboga recited.
However, the red car reversed and started following them, only this time the driver flashed lights at them. He drove very close to their car in an attempt to make them stop.
Kealeboga thought of driving to SSKA Police station but decided against it realising that it was a long drive there and could be risky. They decided that Broadhurst police was a better option.
But they never reached the police station as the red car had caught up with them and again attempted to block their way.
“I thought returning to Block 10 was our best option so I made a turn but they still followed us. Coming so close that I thought they would hit us. At this point a chase had begun, our cars racing at high speed, a collision occurred, our car spun and stalled.”
At this point Kealeboga thought the best option was to get the red car’s registration numbers. So they approached the other car but when they were close enough, the car sped off.
“We arrived at Block 10 and called the Airport police who told us to come to the station to make a statement but we felt it was too dangerous. We agreed with the police that we would go in the morning,” Kealeboga said.
At around 0630hrs, Kealeboga was at SSKA police station narrating his story. The owner of the red car was called and he arrived.
When questioned, the driver said they had reported a burglary the same night and they suspected Kealeboga and his friends hence they chased them.
Kealeboga said he was then handcuffed and detained. No questions were asked. He said the police assured him that they were not going to detain him for long but rather take his finger prints and check if they match with the ones at the crime scene.
Kealeboga did not fight this. He did not even attempt to call anyone as he believed that he would be going home before the end of the day. To his shock, around 11am that day, he was transported to Urban Police holding cells where he subsequently spent the night.
“I asked that they give me medication for allergies but they refused. They said that SSKA police had not told them about that. I slept in a cell with about 15-20 other people”, he said.
He was released the next day after his home was searched but nothing was found. .
“I met with the station commander and he said everything was done lawfully. I also took the matter with the Public Relations Unit at Police Headquarters and I was told to write a formal complaint to the Office of the
Commissioner,” he said.
In April this year, the police received a complaint letter of unlawful detention from Kealeboga.
In May, they informed him that his matter had been referred to the Divisional Commander, South Central.
On the 30th of August 2022, Bonosi Molapisi for the Divisional Commander South Central Division said they had made it clear that Kealeboga was arrested following a robbery reported to them in which property valued at P31 880 was stolen.
“When responding to the report, the reporter spotted your motor vehicle which matched the description of the motor vehicle suspected to have been used after the robbery. He tried to stop you by signalling you to stop and you ignored him and continued driving resulting in an accident.
“On the 27th November at 1000hrs you reported an accident alleging that your motor vehicle was knocked by a Honda fit. The complainant in the robbery case was called and on his arrival identified you as one of the perpetrators.
“You will definitely recall the confrontation, which ultimately lead (sic) to your detention as were (sic) to further our investigations,” Molapisi said, adding that Kealeboga was released the next day following an unfruitful search
at his place.
Regarding his damaged car, Molapisi said that Kealeboga amicably agreed with the complainant that he would fix his car, something which he (Kealeboga) confirmed in their last meeting that it was fulfilled.
“In view of the above as earlier stated, we view our action as reasonable looking at the circumstances of the case. We concede nothing was found on you but at the material time, we had reasonable grounds to arrest and detain you to further our investigations.”
Kealeboga shared that even from the police response it was clear that they never listened to him.