Monday, July 6, 2020

Kgosi faces prosecution

The Attorney General this week confirmed that Directorate on Corruption and Economic Crime (DCEC) investigations against Directorate of Intelligence and Security Services (DISS) Director General, Isaac Kgosi have been completed and the docket has been forwarded to the Directorate of Public Prosecutions (DPP) for assessment and possible prosecution. In a letter to Sunday Standard lawyers, Bayford and Associates, the Attorney General further disclosed that the DCEC has decided to withdraw their application in which they sought to interdict theSunday Standard from publishing information contained in the docket. “We shall file our application for withdrawal in due course”, stated the letter signed by U.K Mabophiwa from the Attorney General’s Chambers.

Kgosi was investigated by the DCEC for “obtaining by false pretences contrary to Section 308 of the Penal Code CAP 08:01; Failure to give a satisfactory explanation as to how he is able to maintain a standard of living disproportionate to his present or past known sources of income or assets, contrary to Section 34 of the DCEC Act CAP 08:05; Stealing by a person employed in the Public Service contrary to Section 276 of the penal Code CAP 08:01; money laundering contrary to Section 14 of the Corruption and Economic Crime Act CAP 08:05 and abuse of office contrary to Section 104 of the Penal Code CAP 08:01.”

The DPP which is currently assessing Kgosi’s docket, however would not answer questions from the Sunday Standard. In a written response, Director of Public Prosecutions, Leonard Sechele stated, “It is not in the nature of the Director of Public Prosecutions to discuss cases not registered with the courts neither would the Director of Public Prosecutions discuss issues of whether or not the case docket is in their possession. (The Sunday Standard questionnaire to DPP Director is published in full on page 4) In the questionnaire to Sechele, the Sunday Standard tried to establish how the DPP would go around complications it faces in assessing and possibly prosecuting Kgosi. Indications are that Sechele, who is the Director of Public Prosecutions may be caught in a conflict of interest in assessing and making a decision on Kgosi’s case.

Before he became DPP, Sechele was employed by the DISS during which time he worked under and reported to Kgosi. Some of the charges preferred against Kgosi may be related to incidents which took place when Sechele was Kgosi’s legal advisor. The deputy DPP, Kabo Leinaeng may also find himself conflicted because he is Kgosi’s immediate neighbour at Phakalane Estates and also an acquaintance. Another Senior state cousel who usually handles DPP high Profile cases, Ambrose Mubikwa would also be humstrung to prosecute Kgosi because he is a foreigner. His work and residence permits have to be vetted by Kgosi’s charges.

Mubikwa has prosecutes DPP high profile cases such as the case against the extra-judicial execution of John Kalasfatis and the corruption case agaist former Executive Secretary of Public Procurement and Asset Disposal Board (PPADB) Armando Lionjanga. The Sunday Standard wanted to establish if “owing to the position of Mr. Kgosi ( as Director General of DISS) and considering the atmosphere of fear (or a perception thereof) engulfing the public relative to the activities of his organisation coupled with the DPP’s manpower constraints, if Sechele would consider outsourcing services for Kgosi’s prosecution.”

Meanwhile the DCEC will withdraw its court application for an interdict prohibiting The Sunday Standard from publishing investigations into corruption allegations against Kgosi. The DCEC claimed publication of the interviews contravenes section 44 of the Corruption and Economic Crime Act. The court orderedThe Sunday Standard not to publish or disseminate verbatim any information from the docket.

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