Former Director General of the Directorate of Intelligence and Security (DIS), Isaac Kgosi’s lawyer, Thabiso Tafila has written to the Directorate of Public Prosecutions (DPP) notifying them that, “Kgosi is not fit to appear before court for the next eight weeks to six months.”
The letter goes on to state that Kgosi was observed by the doctor in Gaborone who then referred him to Malaysia. The Malaysian doctor then made his own observation and advised that he needs to observe Kgosi for the next eight weeks and that if not well by then he will then need to be observed for the next six months. DPP is yet to respond to the letter. Sources in the intelligence circle however hold the opinion that Kgosi could be taking advantage of the illness to dodge accounting for his part in the National Petroleum Fund (NPF) case as he is set to be added to the charge sheet.
It is also alleged that he might be working on applying for asylum in Malaysia knowing Botswana does not have an extradition treaty with the said country. “But even if he goes to Malaysia, Kgosi is expected to be frequently travelling from Malaysia to South Africa. He is needed for meetings with former President Lt Gen Dr Ian Khama and some lady from Israel,” noted a reliable source. The lady (names known to this paper), it is alleged is working for an Israel company that is alleged to have assisted the ruling Botswana Democratic Party (BDP) to rig elections in 2014.
Kgosi who is currently appearing before court for a single count of exposing identities of security agents has a few other cases pending between the offices of Directorate on Corruption and Economic Crime (DCEC) and DPP, this publication can confirm. The cases, together with those of other prominent figures in government are alleged to have been concealed at the DCEC during former President Lt Gen Ian Khama’s administration. And President Mokgweetsi Masisi administration has since assuming power 12 months ago resuscitated the cases and or investigations.
There are about two cases which are expected to implicate Kgosi in court soon. Contacted for a comment, Khama said, “I wouldn’t be surprised if this kind of malicious allegations are fabricated against me.” “I will never try to influence a false outcome of the elections. I have not done it in 2014 and I will never do it!” he said. He went on to state that people who think that he is trying to do that should come out and explain how. “And if they say I did that in 2014, it means the Independent Electoral Commission (IEC) was also implicated. But IEC doesn’t not do that,” he noted. Kgosi refused to comment on the issue.
OFFICERS PLAY NAUGHTY IN KGOSI’S NAME
Meanwhile Weekendpost is reliably informed that a certain special constable (names known to this publication) is currently being investigated for allegations that he faked Isaac Kgosi’s signature. At the time of faking the said signature the officer was claiming that he was reporting to the Broadhurst police station on May 29, as per Kgosi’s bail conditions while in fact Kgosi has been away in South Africa for some time. It is not clear why he had to drag Kgosi into this ploy.
Kgosi, according to impeccable sources has been in South Africa where he is said to be lodging in a certain hotel since mid-May. The special constable is said to have been dragged in the mess by one of his seniors. The senior is also being investigated for some criminal offences which are said to have taken place on different occasions at the border, this publication has established. “We don’t know why these naughty officers want to drag Kgosi’s name into their mess,” said one officer at Broadhurst Police Station.
The Directorate of Public Prosecutions (DPP)’s decision to reject and appeal the High Court’s verdict on a case involving High Court Judge, Dr Zein Kebonang has frustrated the Judicial Service Commission (JSC) and Judge Kebonang’s back to work discussions.
JSC and Kebonang have been in constant discussions over the latter’s return to work following a ruling by a High Court panel of judges clearing him of any wrong doing in the National Petroleum Fund criminal case filed by the DPP. However the finalization of the matter has been hanged on whether the DPP will appeal the matter or not – the prosecution body has since appealed.
Botswana Democratic Party (BDP) top brass has declined a request by Umbrella for Democratic Change (UDC) to negotiate the legal fees occasioned by 2019 general elections petition in which the latter disputed in court the outcome of the elections.
This publication is made aware that UDC Vice President Dumelang Saleshando was left with an egg on his face after the BDP big wigs, comprising of party Chairman Slumber Tsogwane and Secretary General Mpho Balopi rejected his plea.
“He was told that this is a legal matter and therefore their (UDC) lawyer should engage ours (BDP) for negotiations because it is way far from our jurisdiction,” BDP Head of Communications, Kagelelo Kentse, told this publication.
This spelt doom for the main opposition party and Saleshando who seems not to have confidence and that the UDC lawyers have the dexterity to negotiate these kind of matters. It is not clear whether Saleshando requested UDC lawyer Boingotlo Toteng to sit at the table with Bogopa Manewe, Tobedza and Co, who are representing the BDP to strike a deal as per the BDP top echelons suggested.
“From my understanding, the matter is dealt with politically as the two parties are negotiating how to resolve it, but by far nothing has come to me on the matter. So I believe they are still substantively engaging each other,” Toteng said briefly in an interview on Thursday.
UDC petitioners saddled with costs after mounting an unprecedented legal suit before the court to try and overturn BDP’s October 2019 victory. The participants in the legal matter involves 15 parliamentary candidates’ and nine councillors. The UDC petitioned the court and contested the outcome of the elections citing “irregularities in some of the constituencies”.
In a brief ruling in January 2020, Judge President Ian Kirby on behalf of a five-member panel said: “We have no jurisdiction to entertain these appeals. These appeals must be struck out each with costs including costs of counsel”. This was a second blow to the UDC in about a month after their 2019 appeals were dismissed by the High Court a day before Christmas Day.
This week BDP attorneys decided to attach UDC petitioners’ property in a bid to settle the debts. UDC President Duma Boko is among those that will see their property being attached with 14 of his party members. “We have attached some and we are on course. So far, Dr. Mpho Pheko (who contested Gaborone Central) and that of Dr, Micus Chimbombi (who contested Kgalagadi South) will have their assets being sold on the 5th of February 2021,” BDP attorney Basimane Bogopa said.
Asked whether they met with UDC lawyers to try solve the matter, Bogopa said no and added. “Remember we are trying to raise the client’s funds, so after these two others will follow. Right now we are just prioritising those from Court of Appeal, as soon as the high court is done with taxation we will attach.”
Saleshando, when contacted about the outcomes of the meeting with the BDP, told WeekendPost that: “It would not be proper and procedural for me to tell you about the meeting outcomes before I share with UDC National Executive Committee (NEC), so I will have to brief them first.”
UDC NEC will meet on the 20th of next month to deal with a number of thorny issues including settling the legal fees. Negotiations with other opposition parties- Alliance for Progressives and Botswana Patriotic Front (BPF) are also on the agenda.
Currently, UDC has raised P44 238 of the P565 000 needed to cover bills from the Court of Appeal (CoA). This is the amount in a UDC trust account which is paltry funds equating 7.8 per cent of the overall required money. In the past despite the petitioners maintaining that there was promise to assist them to settle legal fees, UDC Spokesperson, Moeti Mohwasa then said the party has never agreed in no way to help them.
“We have just been put in debt by someone,” one of the petitioners told this publication in the past. “President’s (Duma Boko) message was clear at the beginning that money has been sourced somewhere to help with the whole process but now we are here there is nothing and we are just running around trying to make ends meet and pay,” added the petitioner in an interview UDC NEC has in December last year directed all the 57 constituencies to each raise a minimum of P10, 000. The funds will be used to settle debts that are currently engulfing the petitioners with Sheriffs, who are already hovering around ready to attach their assets.
The petitioners, despite the party intervention, have every right to worry. “This is so because ‘the deadline for this initiative (P10, 000 per constituency) is the end of the first quarter of this year (2021),” a period in which the sheriffs would have long auctioned the properties.
President of the Umbrella for Democratic Change (UDC) Duma Boko’s alliance with former President Lt Gen Ian Khama continues to unsettle some quarters within the opposition collective, who believe the duo, if not managed, will once again result in an unsuccessful bid for government in 2024.
While Khama has denied that he has undeclared preference to have Boko remaining as leader of UDC, many believe that the two have a common programme, while other opposition leaders remain on the side-lines.