The High Court has ruled in favour of two senior officers from the Directorate of Intelligence and Security (DIS) who sued the state and their employer for unlawful arrest, detention, and breach of privacy, in a case that has laid bare internal power struggles within Botswana’s spy agency.
Justice Matlhogonolo Phuthego delivered judgment on Monday, granting default judgment to Pulane Pretty Kgoadi, the DIS Director of Legal, and Paul Desmond Setlhabi, a Principal Intelligence Officer, against the Attorney General, the Directorate of Intelligence and Security, and the Botswana Police Service.
The court found that the two officers were unlawfully arrested, detained, searched, and denied access to legal counsel and family—actions the judge ruled were “wrongful and unlawful.” The matter has been referred to the Registrar of the High Court for assessment of damages, with the state ordered to bear the costs of the suit.
Kgoadi and Setlhabi, represented by attorney Kgosi Ngakaagae, had sued for a combined P4.45 million in damages, alleging that they were targeted after carrying out covert investigations sanctioned by then-President Mokgweetsi Masisi. Their investigations reportedly uncovered possible misconduct involving the current DIS Director-General and raised safety concerns at Air Botswana.
The agents argued that after their findings implicated the Director-General, they were suspended and later arrested under what they described as false pretences, as the agency’s leadership sought to suppress the investigation and conceal wrongdoing. They accused the DIS of acting “mala fide” (in bad faith) to punish them for exposing internal corruption.
The state, represented by the Attorney General, had filed multiple procedural applications, including a motion to strike out parts of the plaintiffs’ declaration as “scandalous and vexatious”,but failed to submit arguments or appear before court when the matter was set for hearing.
Justice Phuthego noted that the defendants’ conduct reflected “no keen interest to defend the claims lodged against them,” striking out their objections and awarding judgment to the plaintiffs.
“The arrests and detentions of the plaintiffs, as well as their searches and denials to have access to their families and legal counsel, were unlawful and wrongful,” the judge ruled.
The amount of damages payable to Kgoadi and Setlhabi will be determined by the Registrar.
