Investigations carried by this publication on the Directorate of Intelligence and Security Service have unearthed the controversial dealings within the DIS and it’s Director General Peter Fana Magosi.
Reliable information reaching Weekend post indicates that prior to Magosi retaining his seat in Magosi has disabled the intelligence oversight structures that are provide by the Intelligence and Security Security Act. The Intelligence Act in its nature provides for the establishment of the Central Intelligence Committee, National Intelligence Community, Intelligence and Security Council, the Tribunal and the Parliamentary committee on Intelligence and Security.
Right-hand sources with the intelligence have made this publication aware that ever since taking over by Magosi, the above mentioned committees have never been in operation without any reasonable explanation as to why. “If these committees existed and effective the DIS would not be characterized by so many complaints and litigations because there would be guidance on the proper way of doing things.”
By virtue, the Act provides for the establishment of the Central Intelligence Committee which is chaired by the President. The functions of these committee, are amongst others, to guide the DIS on all matters relating to national security and intelligence matters as well as to approve intelligence and security assessments. According to information gathered by this publication, the last meeting of this Committee was in 2018. President Mokgweetsi Masisi was part of the committee during Former President Seretse Khama Ian Khama tenure.
Sources within the DIS elucidated that the Committee ought to have been guided by the DIS on the alleged threat assessment that resulted in the deployment of the resources of Former President Khama. On the 11th February 2020, the DIS released a press statement that they have conducted a security threat assessment of all VIPs and this assessment resulted in the deployment of resources from President Khama’s office.
Allegedly the threat assessment of all VIPs including the former Presidents ought to have been deliberated in this Committee because some members of the Committee, the Commissioner of Police and Commander of the Botswana Defense Force are important stakeholders on this issue. “Magosi made some very crucial decisions without consulting anyone within the committee. He only shared information to the President.” Further revelations point out that the threat assessment never existed as it had been claimed. “The Committee has never convened and deliberated on the reported threat assessment that is claimed to have resulted in the protection of some government officials by the DIS.
BEHIND ELECTION MACHINE PURCHASED BY DIS
Investigations carried by this publication indicate that the decision by Magosi to purchase some equipment, a machine that was to be procured from a Switzerland based company was solely the DG’s decision. The Committee was not aware of the alleged threat assessment that informed by the DG that the IEC data base for the 2019 general election was being manipulated.
Last year the DG was quoted as having said that the IEC data base was being targeted hence the need to procure some equipment from Switzerland. Although the Act provides that this Committee must guide the DIS on all matter relating to security and intelligence interests as well as approving intelligence and security assessments, Magosi decided to make a public statement on the IEC database without including the Committee on the alleged threat assessments.
“There was never any threat assessment conducted that informed the DIS that the IEC data was being targeted. The committee was never briefed about the gathered intelligence that there were plans to manipulate the IEC data for the 2019 general election,” revealed the source. The DIS Act provides for the National Intelligence Community and the functions of this Community are to, amongst others, review and coordinate intelligence. In terms of the Act, this Committee is chaired by the DG of the DIS and it consist of heads of law enforcement agencies that deal with intelligence.
THE MULTIPLE RAIDS IN 2019
Conferring to sources close to this Committee, although the Committee’s responsibility is to review and coordinate intelligence, the Committee was never involved in the decision that resulted in the raids of some companies early 2019. Last year was welcomed with simultaneous raids conducted by the DIS and Directorate on Corruption and Economic Crimes invade high profiled persons and companies, in an initiative by the President to clean up and help promote a zero corrupt nation.
Former Spy Chief Isaac Kgosi was amongst those who were raided together with other allies who were alleged to have been involved in corruption dealings. Other associates linked to the Former President Khama were also raided. Information reaching this publication further claims that the Committee is not aware of the plot to assassinate the President. Since his arrival at the DIS, Magosi has been making prerogatives that there are plots to assassinate the President but, “this was never shared with the Committee nor the Commissioner of Police and the Commander of the BDF who are important stakeholders in the protection of the President” revealed the source.
The Intelligence Act further inaugurates the Intelligence and Security Council that should consist of the PSP, Attorney General, DG and Deputy DG. The functions of this Council are to, amongst others, review intelligence policies and activities and examine the expenditure and administration of the DIS. Just like the other committees above sources within the intelligence have revealed that this Council has never met since the arrival of Magosi.
“Even though the Council is responsible to examine expenditure of the DIS, the Council is not aware of any major DIS operations that could have contributed to the depletion of the operational funds since November 2019. The Council is not aware of any approval for the use of the operational funds to buy cattle feeds, farms, and suits in Angola and other clothing in Molepolole,” revealed the source.
The Council is also responsible for the administration of the DIS but it is purportedly not aware that a decision was taken to transfer every officer who worked for the DIS during the tenure of Kgosi. Magosi is assumed to have transferred some senior officials within the DIS such as the Director of Finance, the Director Legal and the HR Director because they worked under Kgosi’s occupancy. According to our sources, these directors were transferred because they were against the misappropriation of operational funds and the employment of friends and relatives.
The DIS Act auxiliary provides for the establishment of a Tribunal to be appointed by the President. According to sources, the last Tribunal was appointed by the former President Khama and almost all the members of this Tribunal have resigned. This is supposedly despite the fact that the legislature in their wisdom established the Tribunal to assist members of the public who may have been aggrieved by the DIS operatives. It is held that there are so many complaints against the DIS from the public as well as members of the DIS but these complaints cannot be attended to because there is no Tribunal.
Just like the other oversite structures within the DIS, the Parliamentary Committee on Intelligence and Security that is provided by the Act is none existent since 2018. The functions of this Committee are to, amongst others, examine the expenditure and administration of the DIS. According to a source in the intelligence community as well as some lawyers who are familiar with the Intelligence and Security Service Act, it is a statutory requirement that these committees are established and that they are functional. It is not optional that these committee must be established.
There are reports on allegations that Magosi is deliberately disregarding the establishment of these committees because he does not want to account to anyone. In terms of the Act, some members of these committees such as the Parliamentary Committee and the Tribunal are appointed by the President and, it is not clear on why the President has not yet appointed anyone within these committees.
It is also sketchy on why the Central Intelligence Committee is dysfunctional. The lack of any functional committee within the DIS raises an eyebrow on how decisions and daily operations of the intelligence unit are conducted. Intelligence experts have deduced that these committees are important so that decisions made on national security are not central to one person of body.
There are reports that because of his inclination to misappropriate operational funds, employment of his friends and relatives as well as abuse of office, Magosi prefers to be the one deciding who to employ and who to promote. According to sources close to the DIS, he always justifies the absence of the committees by saying that His Excellency the President does not trust people from the previous administration who, by virtue of their positions are members of some of these committees.
A heartfelt message of good wishes from Minister Mmusi Kgafela to his self-exiled brother and Bakgatla paramount chief, Kgafela Kgafela II, this week urged the latter to consider calls for his return to Botswana to visit his tribe and family.
“On behalf of our father’s people, your people, I wish to inform you that Bakgatla are thinking of you, and they miss you dearly. They request that you should find time to visit them. Please come to Botswana to spend some time with them, to see and greet them,” said Mmusi as part of his 50 years birthday message to Kgafela Kgafela II, who has vowed never to set foot in Botswana.
However, Mmusi Kgafela did not shed light on how his brother will deal with the arrest warrant, which triggers once he sets foot in Botswana.
The Bakgatla Kgosikgolo, who went on a self-imposed exile in 2012 to South Africa, faces a decade-old-plus warrant of arrest issued by the Village magistrate court after his non-appearance in Court over criminal charges relating to flogging of his subjects. Kgafela described the charges as ‘political persecution’ before jetting out to his second home in South Africa, Moruleng, where he is also a Chief.
Asked over his views on the complications around the warrant of arrest, Mmusi, a lawyer by training, said, “what people need to understand is that a warrant of arrest is not a prison sentence.”
He continued: “There is a need for reconciliation and discussions to put all these issues behind us. We need to move on. What I have also realized is that the state is not keen on pursuing the matter as they have not sought his extradition,” he said.
In 2017, the then Minister of Defence, Justice, and Security, Shaw Kgathi, told Parliament that the arrest warrant issued against Bakgatla Kgosi-kgolo is still valid.
“….because a Court order once issued remains valid and enforceable unless it is rescinded by the Court that issued it, in this case being Village Magistrate Court. It may also be revoked by a higher court being the High Court or the Court of Appeal,” Kgathi said.
As things stand, the Government will arrest Bakgatla Kgosi Kgafela II if he crosses over to Botswana, Parliament heard.
Kgathi responded to a question by the then Mochudi West Member of Parliament, Gilbert Mangole, who wanted to know if the arrest warrant imposed on Kgafela was still valid. Further, he wanted clarity on what it would take for the Government to trigger the removal of the warrant to enable Kgosi to visit his tribe in Botswana if he so wishes.
Could Mmusi be under pressure to facilitate Kgafela’s return?
Although Mmusi denies the claim, some royal sources opine that he (Mmusi) is under pressure to help President Dr. Mokgweetsi Masisi fulfill his 2019 electoral campaign pledge to the tribe. The President had pledged that he would “not rest until their chief, Kgosi Kgafela Kgafela II, is back home.”
Mmusi, however, says Masisi has not personally engaged him on Kgafela.
Kgafela’s former lawyer, Advocate Sydney Pilane, has in the past told this publication that he suspects that as the leader of the BDP, President Masisi hopes that if he brings Kgosi Kgafela back, BaKgatla may be grateful to the BDP, and benefits might accrue in consequence.
While Mmusi says the matter will need to be discussed and dealt with, private attorney Kgosiitsile Ngakaagae who was prosecuting Kgafela, warned that there is nothing to address or facilitate.
“There is no need for political intervention. Kgosi Kgafela is officially a fugitive from Justice. It’s for the Directorate of Public Prosecutions (DPP) to issue a nolle prosequi (we shall no longer prosecute) to enable his return. Constitutionally the DPP cannot be dictated to by politicians. The matter is beyond the President unless he violates the DPP’s constitutional mandate,” charged Ngakaagae.
“An arrest is intended to bring someone to Court. Secondly, a party who has become aware that a warrant has been issued against them can apply to Court before it is implemented for it to be discharged.”
The only option for the state currently, which the state is reluctant to pursue, is to drop the charges and withdraw the warrant of arrest or decide on a deliberate non-enforcement of the warrant, according to lawyers who spoke to this publication.
In South Africa, President Cyril Ramaphosa recently told his parliament that the deployment of his army to Mozambique had cost close to a billion rand, with the exact figure placed at R984,368, 057. On the other hand, the Botswana government is yet to say a word on their budget concerning the deployment.
In his National Assembly report tabled last week Tuesday, Ramaphosa said:
“This serves to inform the National Assembly that I have authorized the employment of 1,495 members of the South African National Defence Force (SANDF) for service in fulfillment of an international obligation towards SADC, to assist Mozambique combat acts of terrorism and violent extremists in the Caba Delgado province. This deployment had cost close to a billion rand, with the exact figure placed at R984,368,057.”
The soldiers, he said, are expected to remain there for the next three months.
Botswana, however, is yet to publicize its expenditure. Asked by this publication over why they have not and whether they will, the Minister of Defence, Justice, and Security, Kagiso Mmusi, said they would when the time is right.
“As you may be aware, nobody planned for this. It was not budgeted for. We had to take our BDF resources to Mozambique, and we are still doing our calculations. We also need to replace what we took from the BDF to Mozambique,” he said.
This week, President Dr. Mokgweetsi Masisi revealed that the Southern African Development Community (SADC) and the Botswana government would share the sustainment of the Mozambique military combat deployment. SADC has given Botswana its share to use according to its needs.
The costs in such deployments are typically categorized into three parts-boots on the ground or handling the system, equipment, and operational sustenance logistics.
It is unknown how much combat pay, danger pay, or sustenance allowance the soldiers will get upon return. However, President Masisi has assured the soldiers that they will get their money.
Masisi has said deployment comes when the country is faced with economic challenges that have been exacerbated to a great extent by the COVID-19 Pandemic, which is inflicting enormous health, financial, and social damage to all nations.
Botswana has sent 296 soldiers who left on Monday to Mozambique to join the SADC standby force.
Parliament fumes over being snubbed
In the 1994 Lesotho mission, the Botswana Parliament was engaged after the soldiers were long deployed. A repeat of history this week saw members of parliament grilling the executive over snubbing parliament and keeping it in the dark about the Mozambique military deployment.
Zimbabwe pledges 304 soldiers
Meanwhile, Zimbabwe has pledged 304 soldiers to the SADC Standby Force Mission in Mozambique to train an infantry battalion-size unit at a time, Defence and War Veterans Affairs Minister Oppah Muchinguri-Kashiri has said.
In a statement to journalists, Minister Muchinguri-Kashiri said the contingent would consist of 303 instructors and one specialist officer to coordinate the SADC Force Headquarters in Maputo.
Minister Muchinguri-Kashiri said that in terms of Section 214 of the Constitution of Zimbabwe, Parliament would be informed accordingly.
During the Extraordinary Summit of the 16-member regional bloc held in Maputo, Mozambique, last month, member states resolved to deploy a force to help Mozambique contain insurgency in its northern provinces where terrorists have left a trail of destruction that also threatens regional peace.
Former director general of the Directorate of Intelligence Service, Isaac Kgosi has been awarded doctorate in International and Diplomatic Studies by a Slovenian institution-New University after successfully defending his doctoral dissertation last year.
The institution‘s website shows that in February 2020 Kgosi defended his dissertation titled ‘Southern African Development Community [SADC] Diplomatic Conflict Management Response for Enhancing Human Security: The Case of Mozambique.’
“Faculty of government and European Studies hereby certifies that Seabelo Isaac Kgosi born in Francistown, on 15th December 1958 completed all obligations of the international and Diplomatic Studies doctoral programme on March 22,2021. On these grounds the Faculty of Government and European Studies is conferring upon him the scientific title of Doctor of Science in International and Diplomatic Studies, abbr:PhD,” reads the institution’s conferment certificate dated O6 July 2021.
Kgosi’s thesis was a study of SADC’s mediation and diplomacy in the Mozambican conflict that is mainly between the ruling Front for the Liberation of Mozambique (Frelimo) government and forces of the National Resistance (Renamo) that was once mediated by the late former president Sir Ketumile Masire in 2016 when it re-emerged after a revival by Renamo in 2012, driven by several grievances including allegations of economic marginalisation, regional economic imbalances and breach of the 1992 Rome General Peace Accords which had ended the post-independence civil war fought from 1977 to 1992. The escalation of conflict in Mozambique in early 2016 resulted in displacement of citizens in affected areas whilst thousands of people crossed the borders into Malawi and eastern Zimbabwe as refugees.
Efforts to search for and locate the document were unsuccessful at the time of going for press.
Kgosi’s curriculum vitae suggests that he has a Diploma in Mechanical Engineering and a Masters in Intelligence and Security obtained from Brunel University, a public research university located in Uxbridge, West London, United Kingdom. The latter qualification was obtained in 2007.
It is not yet known on whether Kgosi will use his qualifications to seek employment locally or internationally, or will decide to open a consultancy firm in line with his experience and academic achievements once the dust surrounding him goes way.
The former spy chief is currently fighting to clear his name in a series of cases against the state, which accuses him of owing the tax man, capturing images of the intelligence agents, as well as their identity between the 18th and 25th February 2019 as well as the identity cards of the officers engaged in a covert operation of the DIS. He is also accused of instructing Bank of Botswana (BoB) to open three bank accounts that were used to loot public funds amounting to over P100 billion together with former president Lt Gen Ian Khama.
Kgosi has countered on all the cases demanding the evidence which links him to the crimes levelled against him, all of which the state is currently struggling to submit before the courts. The state has lost and appealed the photographs case while the P100 billion case has been described as a big lie by various institutions.