Court records detail how Permanent Secretary to the President (PSP) Emmah Peloetletse ducked out of resolving a bitter feud between Directorate of Intelligence and Security (DIS) Director General Peter Magosi and the agency’s Director Training Division Lesego Tsholofelo.
Tsholofelo had filed a lengthy complaint letter to Peloetletse in her capacity as the PSP and also Chair of the Intelligence and Security Council (ISC) to register a formal complaint against Magosi.
“The 9th September 2021 marked one year since I was interdicted from duty per Director General’s correspondence dated 9th September 2020.”
He informed Peloetletse that; “at the centre of my interdiction was an alleged leakage of a DIS document containing names of transferred officers.”
In her response to Tsholofelo’s compliant letter, Peloetletse “acknowledged receipt of your letter dated 17th September 2021 in which you made complaints against Director General of the Directorate of Intelligence and Security Services.”
She indicated that, “I have forwarded your complaint to the Registrar of the High Court who is the Secretariat to Tribunal Intelligence and Security.” Peloetletse said the Intelligence and Security Service Act provides for a process for making or lodging complaints against officers of the Directorate.
“Section 31 of the Act established a Tribunal which is charged with the responsibility to receive complaints from a person who feels aggrieved by an act or omission of an officer of the Directorate,” she said. Peloetletse added that; Section 32 of the Act provides for a process for lodging complaints.”
She said; “Kindly note that section 32(2) of the Act in particular which directs you to the Registrar of the High Court, to who you may lodge your complaint. As indicated above I have forwarded your complaint to the Registrar.”
Tsholofelo had indicated that his complaint was filed with “s30 of the ISS (Intelligence Service Security) Act which prescribes the functions of the ISC; (a) to review intelligence policies and activities, to examine the expenditure, administration, complaints by, and oversee the legal framework of the Directorate.”
Not satisfied with Pelotletse’s response, Tsholofelo then escalated the matter to the High Court seeking a number of reliefs. Among them is that Magosi has waived his right to take or is barred from taking disciplinary action against Tsholofelo by reason of his failure to so within a reasonable time. He has since been reinstated.
In his letter to Peloetletse, Tsholofelo said he had suffered immeasurable anguish through the 12 months. “Given the nature of my job I could not even seek professional counselling which I badly needed since I felt it may compromise some of the activities of the Directorate.”
“My integrity and reputation as an officer who has served this country loyally for cumulative twenty-two years has been tainted as a result of this unlawful suspension,” he said.
Tsholofelo also indicated that; “through it all, I remained loyal and committed to the ethos and imperatives of intelligence and national security.”
He added that, “I have never in my entire twenty-two years of service both at the BDF and DIS been charged with any disciplinary infraction.”
