Katlholo wins first round
Ryder Gabathuse | Sunday May 15, 2022 20:07
This is seemingly one of the biggest turf wars in the land by two powerful security organs, the Directorate on Corruption and Economic Crime (DCEC) and the Directorate of Intelligence and Security (DIS) supervised by the Office of the President (OP). Interestingly, the turf wars have precedence. Previously, there were incursions between the DCEC and the DIS when Rose Seretse was at the helm of the DCEC with the pioneering DIS director-general, Isaac Kgosi’s team incessantly raiding the graft-busting agency in search of certain files that amongst others implicated the then DIS head.
In one instance, the DCEC purely investigated the DIS DG, Kgosi on allegations of corruption and money laundering amongst others. The unrelenting DCEC kept the DIS at bay at the time, but the turf wars have always been dirty and murky.
The DCEC under Seretse was seemingly forced to establish its intelligence unit at a time when the DIS was threatening its peace during Kgosi’s tenure as the DIS head.
They (DIS) never won the war though and this could be the reason the DIS keeps on testing its strength against other organs, including the DCEC, the Botswana Police Service (BPS) and others. The Botswana Police Service is currently without its substantive commissioner, Keabetswe Makgophe who is on suspension from work on allegations that he licensed some of the ‘weapons of war’ possessed by former president Ian Khama and Kgosi under questionable circumstances.
Perhaps, the OP is to blame for bringing the two powerful security organs under one roof, as they seem to be generally competing for the president’s ear. But, it seems the DIS is always given more attention by the sitting president than it is the case with the DCEC.
Even during the tenure of the past immediate DCEC DG, Brigadier Joseph Mathambo, he was accused of denying the DIS the so-called right to unduly access certain files in the DCEC possession.
There was always tension between Mathambo and Magosi to the extent that President Mokgweetsi Masisi was at some stage called to intervene in the impasse between the two over certain files.
Both Mathambo and Magosi hold the army rank of Brigadier and at the Botswana Defence Force (BDF), the duo’s offices were side-by-side.
At some stage, an investigator into the alleged missing P100 billion from state coffers involving Wilhelmina ‘Butterfly’ Maswabi and others, Jaco Hubona just bolted out of the DCEC and worked with the DIS without permission from his superior at the time, Mathambo.
The differences between the DCEC and the DIS are well documented and it doesn’t seem there will be any change soon unless the court, in its intervention, could boldly mark the two territories distinctively.
The OP might find itself guilty in this turf wars in particular, as it seems to be closely ‘parenting’ the DIS whilst the DCEC is diametrically ‘orphaned’ or treated like a neglected stepchild.
The DIS, headed by a retired military intelligence guru, Peter Magosi recently sealed off the offices of the DCEC director-general, Tymon Katlholo and his staff officer whilst they were out on official business in Kigali, Rwanda.
The purpose according to the DIS was that Katlholo “has killed all efforts by his staff to investigate former president Khama and his ally Kgosi, formerly DIS director-general in relation to possession of weapons of war.”
This development has apparently incensed Katlholo and his team as whilst they were caught unawares, they used their sixth sense to take the war back to the invading DIS. Whilst the DIS was willing to shed light on their action, the DCEC chose to remain mum on the development, whilst working on strategies to safeguard their files.
Katlholo is one of the country’s reputable crack detectives. He would later pioneer at the DCEC as one of the founding head honchos. At some stage, he was the head of the CID before he took his services to the newly established DCEC.
When everybody else saw the end of Katlholo at the DCEC, upon his return from Rwanda, the DCEC helmsman proved his mettle. He chose to run to the courts of law with certain files (targeted by the DIS) for their safe keeping, before the DIS could say out what it was specifically looking for.
At the end of the day, it is the taxpayer who is going to suffer as both the DCEC and the DIS engage legal hawks to argue their cases. Already, Katlholo has engaged the reputable law firm, Monthe Marumo & Company to represent them.
The current DCEC/DIS fracas raises memories of a past legal tension between former president Festus Mogae and his then attorney general, Phandu Skelemani over constitutional blunders that nearly disenfranchised thousands registered voters. Whilst the matter promised legal action with both sides hiring advocates at the taxpayer’s expense, the matter would be settled out of court.
Early this week, Katlholo rushed to the High Court seeking safe custody for the files that the DIS is interested in. The disputed files shall remain in the hands of the court until June 30,2022. The first round in the envisaged court battles goes to Katlholo.
Commenting on the latest developments, public policy analyst, Adam Mfundisi suspects that the DCEC boss has lost faith in the political and administrative leadership of this country to resolve the inter-agency rivalries between the DIS and law enforcement agencies through the courts.
“I had expected President Masisi and the Attorney General, Advocate Abraham Keetshabe to have reigned in on the DIS and advised it to uphold the Constitution and laws governing the country. The actions and decisions of the DIS to seal off the DCEC and the offices of the DCEC DG and other senior officers’ offices violated the principles of natural justice, Mfundisi who is also a lecturer in politics and administrative studies at the UB told Mmegi this week.
He added that the DIS knew the DG of DCEC was out of the country and that he was to come in on a certain date.
To him, the intelligence agency should have applied to a court of law if it had impeccable evidence that there were serious misdemeanours committed at the DCEC bordering on the national security domain.
“The concept of national security is broad and has been misused by intelligence agencies throughout the globe to undermine people’s rights and freedoms. The DIS has no business in anti-corruption activities other than to collect information and intelligence on committal of such offences and share them with the DCEC which is a de jure law enforcement agency,” he said responding to Mmegi enquiries.
Mfundisi praises the DCEC and its leadership to be within their statutory remit to refuse to hand-over the documents, which unfortunately are not specified in the allegations by the DIS. He suspects that the DIS Act, has provided the institution with unlimited powers and few restraints calling for a need for explicit roles, responsibilities, functions, and powers of the intelligence outfit to enable it to work within its statutory remit.
He further called for a clear dichotomy between the powers of the DIS and other law enforcement agencies such as the BPS and the DCEC.
Any shared responsibilities, he posited, must be moderated through an inter-agency structure that is responsible for coordination of intelligence and law enforcement activities.
He observed: “In the current case, both the DCEC and the DIS are products of legislation which provided roles, responsibilities, functions, and powers. They have provided clear responsibilities: DCEC (anti-corruption crusade) and DIS (security and intelligence). The role of the DIS in anti-corruption endeavours should be to provide intelligence and information to the DCEC for the latter to investigate and prosecute perpetrators of corruption.”
He is insistent that the power to fight corruption is vested in the DCEC and not the DIS. But as government institutions responsible for good governance, Mfundisi is of the view that both must cooperate and collaborate in the sharing of information.
As corruption is a major threat to socio-economic and political development of Botswana, the UB academic pointed out to a need for an information sharing system between the intelligence community and law enforcement agencies. Mfundisi also highlighted a need for an effective DIS to enhance valuable flow of information to the law enforcement agencies such as the DCEC.
He warned: “A tug of war would compromise the fight against this scourge. Increased coordination and sharing of information will reduce real and potential conflicts. Knowledge is power and information defeats fear and apprehensions.
The government must create an integrating agency to coordinate the activities of the intelligence agency and law enforcement agencies.”
He called for Parliament, as a matter of urgency, to establish a Parliamentary Intelligence and Security Committee to oversee the functioning and performance of the DIS.
“The President created committee is inconsequential and null and void. Separation of powers requires Parliament to be separated from the Executive for it to ensure checks and balances in the administration of government,” he stressed.
The court action by the DCEC and its boss according to Mfundisi was the proper way to ensure the rule of law prevails not by human beings who are beset with momentary whims and caprices.
In conclusion, Mfundisi indicated that the DCEC could not share its confidential information with anyone unless directed by the courts.
“Here we are dealing with ethical dilemmas where there are allegations and counter-allegations on the burning issue.