Magosi to answer for Kgosi’s deed
A former Directorate of Intelligence Services (DIS) agent, who was left wheelchair-bound after a car accident in 2014, is suing his ex-employers for unfair dismissal.
Walter Matsoga was forcibly ‘retired’ from the DIS in August last year, under the orders of the service’s then Director General, Isaac Kgosi.
However, the paraplegic man insists Kgosi’s decision was unlawful as he did not dismiss him in accordance with the Public Service Act.
His contention is that the Act applies to DIS employees, as they have not been excluded from it like other security personnel, such as the Police and the BDF.
“The decision to retire me based on a medical report conducted 26 months prior is unreasonable as health is not a static thing and I indeed improved since the 2015 assessment.
“I can perform duties I have been hired to do or alternative duties that I may be deemed suited for,” Matsoga has filed before Lobatse High Court.
Information before court is that Matsoga was employed by DIS from 1 March 2012 but sustained serious injuries less than two years later.
In June 2015 he was subjected to a medical examination by a Medical Board to determine his fitness or lack of it to continue to work.
“I continued to work after the assessment was done until the 23rd August 2017 when I received a letter stating that I am retired on medical grounds. I submit that if the DIS was in doubt about my health, the logical thing to do would have been to subject me to another assessment, ” Matsoga argued.
In the dismissal letter, Kgosi had noted, “Subject to the car accident that you were involved in on 4th January 2014, which rendered you a paraplegic with paralysis on your upper limbs, a medical board was convened in 2015 with a view to ascertain whether or not you will be capable of discharging your duties thereon.
“On the basis of the findings of the medical board, I have decided to terminate your employment on medical grounds with effect from 31st August, 2017.”
The distraught Matsoga then engaged the services of a local law-firm to contest Kgosi’s decision.
He claims the lawyers made him believe the matter was being settled out of court, only for them to stop taking his calls as months passed by without giving him updates.
“I started to panic around July 2018 when (the attorney) would neither take nor return my calls. My worries deepened when the DIS stopped buying me electricity as they used to.
“I then approached my current attorney (Uyapo Ndadi) to help me and they issued a statutory notice in July 2018,” was how Matsoga justified his delay in filing the matter in court.
As at the time of going to print, Matsoga was still occupying a DIS house.
Kgosi was forced to resign from office soon after state President, Dr Mokgweetsi Masisi succeeded to power in April this year.
His replacement, Peter Magosi, now has to answer for DIS in the case.