The much awaited arrival of the controversial former Directorate of Intelligence and Security (DIS) Chief, Colonel Isaac Kgosi finally occurred in the early morning of Tuesday this week, albeit without controversy as initially anticipated.
Kgosi appeared before the Broadhurst Regional Magistrate court for the first time in six months after being away in Malaysia where he was said to be seeking medical attention. Appearing before Magistrate Masilo Mathaka was Director of Public Prosecution Thato Dibeela, together with defense attorneys, Unoda Mack and Thabiso Tafila. The DPP moved an application to beseech the court to order the accused person’s passport to be seized thereby returning it to the Botswana Police Service (BPS).
Furthermore Dibeela moved an application that the court make an order to have Kgosi conduct a medical check-up by a government doctor through a report and an escort to the nearest government facility. Despite the heavy escort that was expected, prior to allegations that the accused was a terrorist, Kgosi was seen leaving in a government car with Detective Senior Superintendent Sergeant Marapo of Serious Crimes.
The report that came back from the government facility indicated that the accused has a permanent injury on his back. However Dibeela argued that the orthopedic surgeon formed an opinion on the basis of scan result reports which he might have had sight of not the tests conducted by Marina Hospital.
When arguing on whether or not Kgosi should be incarcerated Dibeela indicated that, “the doctor made a recommendation of the accused person. The doctor needed to have more time to examine the accused person, however he recommends what should happen and facilities and immunities that should be provided to the accused person, we can provide those whilst he is in prison and all these were recommended by a medical doctor.”
Tafila objected and argued that, ‘State had always had doubts the first time they were given a report from Malaysia which explained Kgosi’s condition, now an independent government doctor here in Botswana has proved it, my client is not well. There are certain conditions that were made by his doctor in Malaysia for him to travel here.” When stressing his argument, Tafila pointed out to the court that Kgosi had promised to be before the Magistrate on the 3rd and indeed he availed himself, disputing that the State cannot act surprised by Kgosi’s arrival.
“He is back now, what more do we want from him? He is a sick person, now it’s like we are being vengeful. Why are we in such a hurry to keep him in prison before he is convicted?” he said. In delivering his ruling, Magistrate Masilo ruled that Kgosi’s warrant of arrest be suspended, “Kgosi has bridged his conditions of bail and that is undeniable but there has been consistency that he is not well and was today confirmed by a government medical doctor. His incarceration will not be the most considerable thing to do. He presented himself in court today. Besides his charges are not that serious,” he said.
Kgosi’s bail conditions include surrendering his passport. Exclusive information reaching this publication is that the former DIS Spy Chief once again beat the DIS, Directorate of Public Prosecutions (DPP), Botswana Police Services (BPS), Criminal Investigations Department (CID), and Interpol at their own game. None of the aforementioned departments where aware of when Kgosi would arrive in Botswana. Kgosi’s warrant of arrest was said to have been standing and all were said to have been on red alert to have him arrested as soon as he entered the country.
Despite the common knowledge that was availed to the court through his attorneys; Mack and Tafila, the prosecution denied any knowledge of Kgosi’s arrival. A close source to this publication revealed that Kgosi evaded all tight security boarder checks via South Africa into Botswana from Malaysia without any one from the Interpol, DIS, DPP, BPS, CID dumbfounded the country.
It is revealed that most of the security agents had thought Kgosi would travel via the airport, where most had been on alert and were prepared to arrest him. Kgosi’s passports point out that he arrived in Botswana Tuesday 3rd, the day he was to appear before court. However the State argued that there were some gaps in Kgosi’s travelling documents of which Kgosi rubbished through his attorney Tafila, stating that there are certain countries that do not make a stamp, however they only produce documents of which he said he could avail to the court.
Kgosi is also implicated in the controversial Welheminah Maswabi code name “Butterfly” case in which they are accused of working together on common grounds with the former President Ian Khama, to finance and terrorise the country. Butterfly is alleged to have transferred the sum of P29 million to former DIS Director General, Isaac Kgosi. The transfer occurred shortly after Kgosi had made remarks that he will, “topple this Government”, when he was arrested earlier this year at Sir Seretse Khama International Airport.
Butterfly was granted bail a week before Kgosi arrived from Malaysia. The nation was left astonished to learn that evidence against the accused was fabricated and false. On financing terrorism and being a terrorist is a charge that on itself which carries a life imprisonment sentence. The State prosecutors say this could be a motivating factor for one not to stand trial.
President Dr Mokgweetsi Masisi has identified at least 12 cabinet ministers who form part of his long-term plans owing to their loyalty and tenacity in delivering his vision. Masisi, who will see-off his term in 2028 — provided he wins re-election in 2024 — already knows key people who will help him govern until the end of his term, WeekendPost has learnt.
Despite negative criticism towards ministers from some quarters over a number of decisions and their somewhat cold deliberations and failure to articulate government programs, Masisi is said to be a number one cheer leader of his cabinet. He is said to have more confidence in his cabinet and believes going forward they will reach the aspired levels and silence the critics.
The outgoing President of the Court of Appeal, Justice Ian Kirby, shares his thoughts with us as he leaves the Bench at the end of this year.
WeekendPost: Why did you move between the Attorney General and the Bench?
Ian Kirby: I was a member of the Attorney General’s Chambers three times- first in 1969 as Assistant State Counsel, then in 1990 as Deputy Attorney General (Civil), and finally in 2004 as Attorney General. I was invited in 2000 by the late Chief Justice Julian Nganunu to join the Bench. I was persuaded by former President Festus Mogae to be his Attorney General in 2004 as, he said, it was my duty to do so to serve the nation. I returned to the Judiciary as soon as I could – in May 2006, when there was a vacancy on the High Court Bench.
Botswana’s civil society is one of the non-state actors that could save the country’s democracy from sliding into regression, a Germany based think tank has revealed. This is according to a discussion paper by researchers at the German Development Institute who analysed the effects of e-government usage on political attitudes In Botswana.
In the paper titled “E-government and democracy in Botswana: Observational and experimental evidence on the effects of e-government usage on political attitudes,” the researchers offer a strongly worded commentary on Botswana’s ‘flawed democracy.’ The authors noted that with Botswana’s Parliament structurally – and in practice – feeble, the potential for checks and balances on executive power rests with the judiciary.