Maybe it was premonition or heartfelt plea to people who can bring about statutory change that he wants to see. Whatever it was, the point that Tymon Katlholo had made last Wednesday was dramatically illustrated after his own security of tenure was imperilled the following day.
Katlholo is the Director General (DG) of the Directorate on Corruption and Economic Crime (DCEC) and is among the parade of accounting officers who have been appearing before the parliamentary Public Accounts Committee. A Committee member, Taolo Lucas, the MP for Bobonong, asked him whether DCEC was able to rein in the corruption of the elite.
“Ruling elites have brought African economies to their knees largely due to corruption. One would want to know whether the structural, administrative and legal infrastructure that obtains in Botswana allows you to deal effectively with the ruling elites that are engaged in corruption,” the MP asked.
In response, Katlholo said that while the DCEC has both the structure and legal mandate, theoretically there was still a stumbling block.
“Of course like I indicated – and this happens the world over – there will always be that attempt, when you touch certain figures, to interfere with investigations.”
On such basis, the DCEC boss added, “we have been advocating for the security of tenure for the office of DG because that would protect the Office of Director General from unfortunate reprisals.”
Never once did Katlholo mention the president but that is who would have to surrender some of his powers to bring about the ideal situation that he would like to see. In terms of the Corruption and Economic Crime Act, “the president may appoint a Director on such terms and conditions as he deems fit.” As of now, security of tenure is not one of those terms and conditions and its absence allows the president to hire and fire DCEC DGs as he sees fit. In the past five years, DCEC has had four Directors General: Rose Seretse, Bruce Paledi, Joseph Mathambo and Katlholo.
On account of the peculiar circumstances of their tenure, Paledi and Mathambo stand out in that group.
Paledi was appointed DCEC DG in September 2017 by then President Ian Khama. Some read ill-intent in this appointment because Khama had only eight months left in his term of office. Khama’s successor, President Mokgweetsi Masisi, assumed office on April 1, 2018 and exactly one year later, replaced Paledi with Brigadier Joseph Mathambo, who had been seconded from the Botswana Defence Force. At this point, Paledi held the record of shortest reign in DCEC’s history. However, 14 months later, that record would go to Mathambo when he was himself replaced with Katlholo. The latter is having a second bite at the cherry having served as the second (and first citizen) DG.
Katholo appeared before the PAC on Wednesday and was suspended from duty on Thursday. This suspension happens in the midst of a dramatic and still unfolding battle with the Directorate of Intelligence Services and Security (DISS). A statement from John-Thomas Dipowe, the Acting Permanent Secretary for the Botswana Government Communications and Information Systems says that Katlholo has been suspended in accordance with Section 112 of the Constitution. The latter empowers the president to “exercise disciplinary control over persons holding or acting” in “superscale” offices. Dipowe’s statement says that “the decision to suspend Mr. Katlholo is necessitated by the fact that in the course of his official duties, he has misconducted himself and exhibited behaviour that is incompatible with the conduct of a public officer.” For now, it remains unclear what the disciplinary charge sheet will say but what is on the record is that Katlholo has been feuding with the DISS Director General, Peter Magosi.
DCEC took DISS to court and in an affidavit that he has deposed to, Katlholo argues that the rival agency “has essentially taken over the investigations being undertaken by the DCEC.” For what is worth, the Court ruled in favour of Katholo’s favour, ordering DISS to lay off DCEC, but the matter is far from over. After the manner it secures crime scenes, DISS had sealed and barricaded Katlholo’s office. At the PAC hearing, Katlholo revealed that he was currently working from a junior’s office – “currently” until Thursday when he was suspended.
While seen as a DCEC-DISS feud, this is actually a Presidency-DCEC feud because with its immense powers, DISS was created as and is an extension of the presidency – its DG reports to the president. Interestingly, the presidency has remained in the background and is possibly using DISS to achieve an outcome it desires. While he didn’t come out clearly, the PAC Chairperson, Dithapelo Keorapetse (Selebi Phikwe West) strongly hinted that the presidency was playing a central role in the current DCEC-DISS saga. At a previous hearing, he made a point about Section 15(2) of the Corruption and Economic Crime Act undermining DCEC’s independence. This provision says that “the Director, or any other officer of the Directorate shall not have access to any books, records, returns, reports or other documents, or data stored electronically, or to enter upon any premises, place, vessel, boat, aircraft or other vehicle if in the opinion of the President in writing such access or entry is likely to prejudice national security.” Dithapelo said that in the past he made a point about the problematic nature of this provision and added that what was actually happening proved that he was onto something.
Careful not to make such link, Katlholo responded generally by saying that Section 15(2) has never been invoked in DCEC’s history. He was keen to stress that such order had to be made in writing as the law prescribes. The related point he didn’t make is that there would have been no problem if President Masisi had invoked this provision. However, the invocation of this provision would be controversial and would provoke a lot of suspicion.
Next door in South Africa, the security of tenure of that country’s “DCEC” has been illuminated and concretised through a Constitutional Court judgement. The Court has ruled that the Constitution imposes an obligation on the state to legally entrench elements of independence relating to the security of tenure for the head of the country’s anti-corruption agency.
Katlholo could well be on his way out because Dipowe’s statement says that “established disciplinary procedures will be followed to the letter” in response to the misconduct that he is alleged to have engaged in. In as far as security of tenure goes, whoever is the next DCEC DG will also find himself or herself in the same position that Seretse, Paledi, Mathambo and Katlholo were in.
