Former President Lt. Ian Khama, who steadfastly displays naked disdain for the government of the day, has taken aim at the Director General of the Directorate of Intelligence Services, Peter Magosi.
Magosi finds himself having to approach the courts asking for an intervention to strike out certain classified information relating to an affidavit Khama has deposed.
The Attorney General, President Mokgweetsi Masisi, former permanent secretary to the President Carter Morupisi and Magosi are cited as 1st, 2nd 3rd and 4th respondent in the matter while Khama is cited as an applicant.
Khama has, without authority, disclosed a number of aircraft owned and operated by the Botswana Defence Force (BDF), the Ministry of Environment, Natural Resources, Conservation and Tourism and the Directorate of Intelligence and Security (DIS.
He argued that it was inconceivable that all the aircraft and helicopters were engaged on national priority areas at the time of his request. He had sought both international and local travel
Khama said the refusal to allow him access to government-owned aircraft and helicopters on all occasions in question were illegal, irrational and/or unreasonable and wants the court to rule in his favour.
In his supporting affidavit on an application to strike out, Magosi states: “I am swearing to this affidavit in support of an application to strike out certain portions of the founding affidavit filed by the applicant (Khama) on the basis that such affidavit contains inadmissible evidence,” said Magosi.
Magosi stated that what the former President did by stating the number of aircraft should not be contained in an affidavit as they are confidential and/or classified information and the disclosure of which may compromise or jeopardize national security.
He further states that the deponent has no personal knowledge of the status, availability, numbers of other details of the assets involved and there are no confirmatory affidavits from officers in charge of such asserts as the Commander of BDF and other accounting officers.
Magosi prayed for the court to strike out another portion which talks about withdrawal of Khama’s personal security stating that the deponent has no personal knowledge of the alleged instructions, does not state who issued the instruction, whether such was oral or in writing, who it is that informed him and has not filed a confirmatory affidavit from such person or persons.
According to court records, Khama has not disclosed the source of his information and all what he says is hearsay and inadmissible in court.
Magosi states that such allegations also purport to make disclosure of confidential information and operations within the directorate which are strictly confidential.
“On that basis I honestly and genuinely believe that it will serve the justice of this matter to exclude such averments by striking out the same from these proceedings and with cost,” said Magosi
The Director General said confidential information within DIS is therefore protected by privilege and the disclosure of such information furthermore has been certified by DIS as contrary to public interest and privilege.
Khama is challenging government on a number of issues especially his transport mode to local and international trips and his security details. He demands that where possible government should reimburse him for his trip to India in compliance with the Presidents Pensions and Retirement Benefits Act as read with Chapter 02:03, Laws of Botswana.
Gaborone High Court Judge, Justice Gabriel Komboni will make a ruling on the matter on the 2nd December 2020.
