Former Director General of the Directorate of Intelligence and Security (DIS) Isaac Kgosi could face a lengthy period behind bars should he be convicted of the latest charges laid against him by the State.
The former intelligence boss was last week arraigned before the Village Magistrate Court where he was slapped with six counts relating to unlawful possession of items including surveillance equipment, ammunition, firearms, passports, Botswana Defence Force (BDF) uniform, and armoured vests among others.
The offenses are in accordance with the National Security Act which prescribes specific penalties in relation charges as filed by the Directorate of Public Prosecutions (DPP).
Section 6 of the Security Act states: “Any person who … without lawful authority, uses, wears, has in his possession, imports or manufactures any uniform of the Defence Force or of the Police Force or other official uniform of Botswana or any uniform so closely resembling the same as to be calculated to
deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform;…forges, alters or tampers with any official document or uses or has in his possession any forged, altered or irregular official document; with intent to obtain, whether for himself or for any other person, an official document or any secret official codes, password, makes any statement which in any material particular he knows to be false or does not believe to be true; …shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding 25 years.”
The Act goes on to prescribe a maximum of 15 years imprisonment for: “Any person who… allows any other person to have possession of any official document issued for his use alone, or communicates to any person any secret official codes or password so issued, or without lawful authority or excuse has in his possession any official document or secret official codes, password issued for the use of some person other than himself, or on obtaining possession of any document, whether by finding or otherwise, neglects or fails to hand it over to the person or authority by whom or for whose use it was
issued or to a police officer.”
Most (if not all) of the charges laid against the former DIS boss fall within Section (6) of the National Security Act.
On the first count Kgosi stands accused of being found in possession of “armored vests closely resembling those of Botswana Police Service, without authority, for the purpose of undermining the security of Botswana…”
The second charge relates to possession of Military uniform closely resembling that of the BDF without lawful authority.
Kgosi (also a former employee of the BDF) immediately sought clarification upon being notified by the court clerk about the charge on possession of military uniform, informing the court that he should, naturally, be expected to have such uniform by virtue of his being a former BDF officer.
Kgosi also faces, on Count Three, a charge of illegal possession of battle vests and tactical backpacks closely resembling those of the same DIS he used to head before being unceremoniously dismissed by President Mokgweetsi Masisi in May 2018. The fourth charge relates to “possession of forged or irregular documents purporting to be specimens of and a passport of Botswana without lawful authority for the purposes of undermining the security of Botswana…” The next count relates to “unlawfully” being in possession of an identity card bearing the names of Ian Khama which act the prosecution argues undermines security of Botswana. In the last count (6) the former DIS Director is charged with being found in possession of 15 rounds of ammunition, 45 Centre Fire Cartridges (High Velocity), 100 Centre Fire Cartridges (38 special), and 39 x .38 Special Cartridges (Plastic training) without license.
