Katlholo / acting DCEC boss in bitter fight

Suspended Directorate on Corruption and Economic Crime (DCEC) Director General Tymon Katlholo has opened a new battlefront with his replacement, Tshepo Pilane, deputy Director General Priscilla Israel and assistant Director Legal services Edwin Batsalelwang.

Katlholo’s fight against the state last week branched off into a new firing line as he filed an application with the High Court for the arrest of his three former aides for contempt of court.

Pilane who is currently DCEC acting Director General is cited as 1^st Respondent, Israel as 2^nd Respondent and Batsalelwang as 3^rd Respondent.

According to court papers, Katlholo approached the Court after Pilane, Israel and Batsalelwang allegedly failed to comply with a court order delivered by High Judge Reuben Lekorwe on 7^th June.

The High Court had directed that the deputy sheriff accompanied by the Registrar shall attend at the offices of the DCEC and take custody of the documents/dockets which were demanded by the Directorate of Intelligence and Services (DIS) “for the preservation of evidence and in the two offices currently sealed (belonging to DCEC) as crime scene by DIS and be held in the custody of the High Court within 24 hours.”

In his fresh application, Katlholo said, the three DCEC executives are in contempt of the Court order of 3^rd June 2022.”  He asked that they “be committed to prison for a period of 30 days or such time as the court may deem appropriate. The imprisonment of the 1^st to 3^rd respondents be suspended for a period of 6 month on condition that, each of them does not commit a related transgression.”  

Katlholo said that Pilane, Israel and Batsalelwang or any person who obstructs the deputy sheriff or any of the persons implementing the court order, the Special Support Group (of the Botswana Police) “shall see to it that such person is removed from the premises and taken into custody for a period of not less 15 days in relation to any other person and 30 days for the 1^st to 3^rd respondents.”

Katlholo who filed the founding affidavit in his personal capacity as the Court had adjudged that he has locus standi (a right to appear in court or bring action) to institute the proceeding in his personal capacity said he was denied an opportunity by the three DCEC executives to hand over the files to the deputy sheriff.

“I must express that the back and forth discussions went on for hours with the parties finding themselves at the same place all the time, this being that the DCEC officers present insisted that the office be unsealed in my absence and that Mr Pilane be the one to out and hand over the files to the Deputy Sheriff and the Registrar,” said Katlholo.

He said they were locked in the conference room for approximately four hours in which period no progress was made in the execution of the court order.

“All a while the SSG had been waiting outside the DECEC offices to escort the files as directed. At around 1600hrs Mr. Pilane asked that Mr. Dingake, Sekape. Mr Bareetsi and myself immediately leave the premises and even called security officers to remove us from the building,” said Katlholo.

He said the deputy sheriff intervened and instead asked that “we remain ousted the conference room as opposed to leaving the DCEC offices completely.”

“I must express that is for the first time that I learn of what transpired after were removed from the conference room by Tshepo Pilane,” said Katlholo.  

Katlholo brought the Court’s attention to the deputy sheriff’s report. The report in question states that; “Mr Pilane briefly left the conference room in which we were all gathered and returned with document which he presented to us.”

The deputy sheriff’s report also stated that, “We collected the documents which were told by DCEC are the ones which were demanded by DIS and we deposited them into the High Court in the custody of the Registrar of the High Court as per the order.”

It further states that, “In conclusion we did not open the two offices currently sealed as crime scene as DCEC were of the view there are no other documents that have been demanded by the DIS in there.”

Katlholo said, “I aver that without a doubt the court order of 3^rd June 2022 has not been duly complied with owing to the conduct of the respondents.”

Katlholo also indicated that the execution of the order had been primarily stalled and frustrated by Pilane, Israel and Batsalelwang.  

“It is concerning that all the respondents save for Tshepo Pilane, are officers of the court by virtue of being attorneys but they have ensured actively that they frustrate the execution of the order of this court,” said Katlholo.

He added that, “such conduct is wanting and should be taken note of by this Honourable Court as if the court finds as it will that they are in wilful contempt then it should seriously consider issuing appropriate orders to the Law Society of Botswana to investigate their conduct.”

“From the foregoing it is clear that the Respondents never intended to give effect to the court order of 3^rd June 2022 and went to great lengths to ensure that it is not complied with,” said Katlholo.  

Katlholo said, “I do confirm that the conduct of the respondents is aimed at bringing the Administration of Justice into disrepute.”  

He said there was only one reason why the offices were sealed, it being the “fact that we were outside the country, now that we are back, we were prepared to open them on 7^th June but the respondents prevented us to do so.”   

“The respondents have impeded, frustrated and completely obstructed the implementation of the court order,” said Katlholo.

He also argued that, “The respondents have displaced wilful disobedience to the court’s order of 3^rd June 2022 by not undermining the authority of the court but by obstructing the deputy sheriff in the execution of his duties and chasing away the persons who are to assist him in giving effect to the court order.”

  This conduct, he said, constitute a public injury to the Administration of Justice.

“It is therefore imperative that, this court asserts its authority and punish the respondents for their wilful contempt of its order,” said Katlholo. He said having been a police officer for many years in the Botswana Police Service, “I am equally aware that disobedience of lawful court orders is a criminal offence.”