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DIS suffers setback in Kgosi case

Former Directorate of Intelligence and Security  (DIS) spy chief Isaac Kgosi  has received a major boost in a case in which he is facing charges of disclosing the identity of DIS agents to a local newspaper and obstructing them in their course of duty.

Appearing before Broadhurst Magistrate Linah Mokibe-Oahile on Tuesday, Assistant Director of Public Prosecution Thato Dibeela informed the court that the two cell phones and other gadgets that were seized from the accused have since been returned to him. She further requested that the court set trial dates of which defence attorney Unoda Mack objected, demanding that the prosecution provide them with the alleged pictures. The court ordered that the prosecution should have responded in seven days.

Sources within the DIS have developed the view that the matter is likely to die soon. “This is one of those cases that were rushed to court without tangible evidence. The prosecution might as well withdraw the matter, it is going nowhere fast,” a source said.  This is one amongst the many cases initiated by the DIS that have since failed before the courts due to lack of evidence. Sources reveal that these developments raise an eyebrow as they have the possibility of tarnishing the image of the DIS institution which is supposed to be given the utmost respect.

Kgosi’s case is not peculiar, as compared to other cases which involve high profile persons that have been labelled as half-baked. Towards the end of 2019, this publication reported that attorneys have warned DPP and Directorate on Corruption and Economic to stop rushing to court on improvised cases, pointing this out as time consuming, frustrating and tarnishes reputation on the accused persons.  Kgosi is facing another matter in which he was added as the 18th accused in the laundering of the P250 million National Petroleum Fund (NPF).  

Section 19 of the Intelligence Security Services entails the prohibition of disclosure of identity. It states that, a person who discloses the identity of another person which he or she has obtained or to which he or she has had access by virtue of:


(a)the performance of his or her duties or functions under this Act, or
(b)his or her position as a person who holds or has held any office in the Directorate, and from which the identity of any person who-
(i) is or was a confidential source of information to the Directorate or
(ii)is  or was an officer or support staff engaged in covert operational activities of the Directorate, can be inferred, and who discloses such information to any person other than a person to whom he or she is authorised to disclose it or to whom it may lawfully be disclosed, shall be guilty of an offence.

Kgosi was featured in some publications claiming that there was a plot to assassinate him. He had allegedly shared with the said media houses pictures of his alleged perpetrators who are intelligence agents armed with weapons.

In his version in the complaint letter to the security organs, Kgosi had claimed that the two intelligence agents had followed him into the physiotherapy clinic where they aggressively demanded from the receptionist that they be taken to him.

He further alleged that he followed and found his perpetrators parked outside; armed with deadly weapons of war including an Uzi submachine gun after their request was turned down by the receptionist at the clinic.

Sources in the intelligence circle claim that this is on the contrary, the two officers had followed Kgosi to pass a communiqué concerning his recent raids. ”They just informed the receptionist that they were there to see him. And he came out to meet the officers outside the clinic premises,” he said.  

The returned phones were confiscated a week after the alleged expose of DIS agents, the intelligence officers followed Kgosi at his village during his mother’s funeral and tried in vain to confiscate his phones as part of their evidence. They followed him to town a few days later still in the search of the said phones. Kgosi is expected to appear again before the Broadhurst Magistrate on the 24th March 2020.

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Free at last: Ian Kirby Speaks Out

6th December 2021
Justice Ian Kirby

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.

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Civil society could rescue Botswana’s flawed democracy’ 

6th December 2021
Parliament

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.

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Bangwato at loggerheads over Moshupa trip

6th December 2021

Bangwato in Serowe — where Bamagwato Paramount Chief and former President Lt. Gen Ian Khama originates – disagree on whether they must send a delegation to dialogue with President Mokgweetsi Masisi’s family in Moshupa. Just last week, a meeting was called by the Regent of Bamagwato, Kgosi Sediegeng Kgamane, at Serowe Kgotla to, among others, update the tribe on the whereabouts of their Kgosi (Khama). 

Further, his state of health was also discussed, with Kgamane telling the attendees that all is well with Khama. The main reason for the meeting was to deliberate on the escalating tension between Khama and Masisi — a three-year bloodletting going unabated.

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