The Directorate of Intelligence and Security Services (DIS) is investigating suspended Directorate on Corruption and Economic Crime (DCEC) Director General Tymon Katlholo, court records have revealed.
Among documents filed with the High Court is a letter signed by Permanent Secretary to the President Emmah Peloetletse informing Katlholo that the acting Vice President Slumber Tsogwane had received a “preliminary report pertaining to allegations that necessitate that detailed investigations be carried out.”
According to the letter dated 2nd June 2022 titled “Suspension from Duty-Yourself….the preliminary report suggests that in the course of official duties, you may have misconducted yourself and exhibited behaviour that is incompatible with the conduct expected of a public officer.”
Peloetletse also informed Katlholo to “liaise with Permanent Secretary, Ministry for State President for handing over of all Government property and official documents that are in your possession by virtue of your position.”
Katlholo stated in his fresh application seeking among others that some senior officers of the DCEC be imprisoned for failing to comply with a court order that the “details of the alleged behaviour have not been brought to my attention.”
He further informed the court that, DCEC Deputy Director General Priscilla Israel has, “informed me that as matter of fact I was being investigated by the DIS.”
Katlholo stated, “I must express it was the first time I learnt of the alleged investigation. He claims that Israel made the revelation at an occasion aimed at collecting files and dockets from his office for purposes of delivering them to the Registrar of the High Court for safe keeping as per the court order.
According to Katlholo’s affidavit, on the morning of 7th June 2022 at around 1100 hrs “we converged at the DCEC. Ms Israel pointed out that they understand from the court order that I and my attorneys should not be present for the execution of the order.”
He said Israel further indicated “I also ought not to be present there as I was on suspension. She narrated that it was their duty to protect the office of the DCEC and they would not permit myself access to any of the files.”
Katholo also added that, “She remarked that the office of the DCEC was under siege by me.”
He said Israel’s position was backed up by the DCEC acting Director General Tshepo Pilane who indicated that he being the current occupant of the office of DG was the only one who could grant access to the Deputy Sherriff and the Registrar “to the sealed office in my absence and that he will then hand over the files that are requested or demanded to the Deputy Sherriff.”
Katlholo said the same sentiments were equally shared by the senior assistant director, legal services Edwin Batsalelwang.
“He further stated that in fact as matters stand , the DCEC have not been cited as a party in the proceedings and could therefore not assist in the manner that been proposed by my attorneys,” Katlholo said.
Katlholo said his attorney, Martin Dingake responded by indicating that the Court Order allowed for his attorneys and himself to be present.
He said Dingake further indicated that it would illogical to seek to open the sealed office “in my absence when in the first place it was said to have been sealed because of my absence and now that I am back from Rwanda I cannot be present when the sealed office is opened.”
Katlholo said Dingake further emphasized that his attorneys and himself could not be absent when the office was unsealed and “contents therein deposited into Court and only be allowed to know of them when I access them from court.”
“My attorneys further indicated that I had a right to point out to files that I wish to be preserved for purposes of the review of t application that I intend to file with this court and that such files be then shown to the deputy sheriff to place before the Registrar,” said Katlholo.
He said the deputy sheriff was also of the view that he would be hamstrung to proceed “to unseal the office in my absence as he understood that I also be had to point out files that I wish to be preserved just as the DIS was expected to do.”
Curiously in previous court papers Katholo stated that, “I must inform you that the DCEC is investigating some officers of the DISS, including its Director General and he is alive to this fact.”
The DCEC under Katlholo is also reported to have been investigating the Permanent Secretary to the President Peloetletse. The PSP was being investigated by the DCEC a following an alleged corruption report made by the Chairman of Botswana Public Officers Pensions Fund (BPOPF), Solomon Mantswe, through a letter dated 23 August 2019. In his letter, Mantswe alleged that Peloetletse was a beneficiary of a luxurious jazz festival trip to Cape Town sponsored by Capital Management Botswana (CMB) in March/April 2017. She was informed of the allegations and requested to respond to them through a letter dated 17 May 2019. The letter shows that the Board of the Fund, at its sitting of 22 August 2019, considered the matter and resolved to refer it to DCEC for investigation.
Capital Management Botswana (CMB) which had won a tender to manage P500-million on behalf of the Botswana Public Officers Pensions Fund (BPOPF) in 2014 was alleged to have sponsored Peloetletse for a jazz festival in Cape Town. At the time Peloetletse sat on the BPOPF Board as the government trustee representative. She also chaired the Finance and Investment Committee, which appoints the fund managers that manage the USD6-billion pension fund assets. Hence, allegations were that by being sponsored by CMB for the festival she was effectively conflicted.
