Africa-Press – Botswana. Despite securing High Court and Court of Appeal orders for the arrest of DIS Director General Rtd. Brigadier Peter Magosi and DPSM Director Gaone Macholo, the 407 disgruntled DIS agents are holding back on enforcement, opting instead to watch how the state responds.
Even with clear High Court and Court of Appeal orders mandating the imprisonment of DIS Director General Rtd. Brigadier Peter Magosi and DPSM Director Gaone Macholo, the 407 agents have held back, refraining from immediate enforcement as they scrutinize the government’s response.
This week, Justice Zein Kebonang of the Gaborone High Court found both Magosi and Macholo guilty of contempt of court for failing to comply with an earlier order issued on June 3, 2024. The ruling came after the agents launched an urgent application accusing the state of ignoring court directives in their long-standing salary back pay dispute.
The court ordered that the two officials be imprisoned “until such time as they would have purged their contempt” and directed the Registrar to issue a writ of personal attachment authorizing the Deputy Sheriff or Botswana Police Service to arrest and commit them to prison. Costs were also awarded against the state on a punitive scale.
AG’s failed attempt
The Attorney General, acting on behalf of the state and the two directors, attempted to challenge the ruling at the Court of Appeal under Civil Appeal No. CACGB-316-2024. However, on 14 July 2025, a three-judge panel—Justices Tebogo Maruping, Johan Froneman, and Tshepo Motswagole—struck the appeal off the roll with costs, thereby affirming the High Court’s decision.
In its ruling, the Court of Appeal upheld the urgency of the case and reinforced the contempt findings, issuing its own order for imprisonment. The court dispensed with “normal rules relating to service of process and time limits,” signaling the seriousness of the officials’ defiance.
The underlying dispute stems from claims by the 407 DIS agents that government unlawfully withheld salary back pays dating as far back as 2001. The employees argue that the state failed to honor directives and savingrams authorizing the payments, despite repeated assurances.
Unlawful
Justice Kebonang had in 2024 ruled that the decision not to pay the officers was unlawful. But with government still failing to comply, the employees turned to the courts once again, this time securing contempt rulings and unprecedented imprisonment orders against Magosi and Macholo.
As of Tuesday, it remained unclear whether the arrest orders had been executed or whether the two officials had moved to purge their contempt. Insiders say the state may be preparing to file an application for a stay of execution to delay enforcement.
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