Former Director General of the Directorate on Crime and Economic Corruption (DCEC) Tymon Katlholo’s legal battle with the Directorate of Intelligence (DIS) is far from over. Lobatse High Court judge Justice Reuben Lekorwe had ruled in favor of Katlholo in a case in which the former Director General had dragged the spy agency to court for attempting to access highly classified files and sealing off his office.
This week the spy agency and Katlholo returned to court after the former filed an appeal application against Lekorwe’s decision. The Attorney General, which is representing the DIS in the matter, roped in Francistown-based attorney Sifelani Thapelo of Thapelo Attorneys. In his heads of argument, Thapelo argued that the judgment of the High Court is flawed, is a clear violation of the separation of powers principle, and is a textbook case of judicial overreach. It will be argued fundamentally that Katlholo had no locus standi in judicio (a right to appear in court/to be heard) both in his personal and official capacity to have instituted the proceedings. He said the High Court erred and misdirected itself when it clothed Katlholo with such standing. Thapelo argues that “A long line of authorities from the lower Court and this Court have established that they do not have the power to clothe a litigant with locus standi in judicio.” Thapelo also argued that the High Court erred in accepting Katlholo’s version and rejecting the DIS’s version without giving reasons.
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