The case in which former Commander of Botswana Defence Force (BDF) Ground Forces, retired Major General Pius Mokgware is demanding P6million for unlawful surveillance has been scrapped off the Lobatse High Court roll to give way to an out of court settlement.
General Mokgware dragged his former employers before court following his retirement in 2010 accusing them of espionage activities on his mobile phone that took place between December 2009 and February 2010.
When he stepped out of the barracks in an apparent forced retirement Mokgware headed to court where he opened the case citing BDF, former commander Tebogo Masire, Dzikamani Mothobi, Lieutenant Colonel Bana Pilane, the Attorney General and Botswana Telecommunications Corporations (BTC) as respondents.
Modise Mokgathong an employee at BTC and Be Mobile has been the latest addition after Mokgware’s investigations established that he had provided BDF with his personal cellphone information.
The whole drama, the court heard, began when Mokgware received a message on his cellphone that had been mistakenly sent by Mothobi.
It was then that he became aware that he was under military surveillance and that his cellphone was being intercepted.
Mokgware then, after being approached by Mothobi for apologies, involved the Directorate of Intelligence Services (DIS) to carry out investigations into the matter.
When he did not get any feedback from the DIS regarding the investigations, Mokgware conducted his own investigations and had his espionage fears confirmed.
On Monday when the case went to court, curious members of the public who were looking forward to hearing juicy intelligence secrets in the open court had their hopes dashed as the disputing parties pleaded with Justice Michael Leburu to have the case settled out of court.
After the court ruling Mokgware said that he was satisfied that his mission to defend a principle was accomplished.
“The aruling has hopefully set a legal precedent and others who might find themselves in a similar predicament would be inspired to seek legal recourse,” he said