Kgosi: The most charged prominent person
Mpho Mokwape | Monday August 1, 2022 06:00
Kgosi pioneered the spy unit in April 2008 under the stewardship of former president Ian Khama. Under his leadership, the DIS was the most feared security organ in the country and it was met with resistance as many felt the agency was formed to intimidate citizens.
It was under Kgosi that the spy unit was accused of extra judicial killings and abuse of human rights and it was at the time that many felt he was untouchable. By his own admission, he said he did not report to anyone not even the president.
No one could ever imagine that one day everything was going to come down crushing for the then most feared security man but everything changed when Masisi took office.
Masisi took over from Khama in April 1, 2018 and the very same month, Kgosi was shown the door leading to a series of never-ending scandals for the latter. Kgosi, who has never seen rest since leaving office, may come across as the most charged former public officer as the State keeps charging him with different offences.
Due to the nation's perception of Kgosi exacerbated by the latter's boastfulness that he was not answerable to anyone, the country’s corruption unit, Directorate on Corruption and Economic Crime (DCEC) and the Directorate of Public Prosecution (DPP) had a hard time going after him even when there were allegations of corruption and abuse of office. All have changed now as the DCEC, DPP and the very same unit he once led are consistently pursuing him with numerous charges.
Kgosi’ nightmare with the law all started in January 2019 at Sir Seretse Khama International Airport when he was first arrested in full view of the public upon his return from a wedding in India. In what was described as a Hollywood movie style, Kgosi handcuffed and taken into custody by a team of intelligence officers and other law enforcement agents.
The incident took place in front of his family, media and appeared to have been well coordinated by the current DIS director-general Peter Magosi, Kgosi’s successor at the DIS. Magosi personally escorted Kgosi into waiting vehicles outside the airport.
Even though it was initially not clear at the time as to why the intelligence unit pounced on Kgosi, there were allegations of tax evasion on his part. It was alleged that the Botswana Unified Revenue Service (BURS) subjected the former spy chief to a lifestyle audit.
Despite uttering the controversial ‘I will topple the government’ pharse, Kgosi was never charged for that and the airport arrest never materialised any charges. Instead the arrest led to subsequent investigation which included several raids at Kgosi’s properties. But it went downhill after that as more and more charges kept coming for the spy man.
*Kgosi’s first ever charges came on April 2019, when he was slapped with two counts of offence contrary to section 19 (b) (ii) as read with section 46 of the Intelligence and Security Service Act. Kgosi, who was arraigned before court, was accused of exposing DIS agents to the public. According to the charge sheet at the time, the two offences were the prohibition of disclosure of identity. The particulars of offence were that the accused person, Kgosi, between February 18 and 25, 2019 in Gaborone, took photographs of officers as well as the identity cards of the officers engaged in a DIS covert operation. On count two he was charged with obstructing officers and support staff. “The accused person, Kgosi, on or about February 18, 2019 at Extension 6 obstructed x and y who were officers of the DIS in the execution of their duties by verbally assaulting them,” read the charge.
*When Kgosi was yet to recover from the airport arrest and his first ever arraignment before court, he was slapped with another charge. On March 2020 Kgosi was finally indicted in the National Petroleum Fund (NPF) case. Kgosi was charged as accused number 18 in the case, which involved P250 million. At the time it was alleged that Kgosi had requested the NPF to build fuel storage facilities. However, it was further alleged that DIS later changed the intended purpose for the money and used the funds for anti-poaching equipment purchase and some were allegedly diverted to their own pockets.
*October 2021 was yet another time for Kgosi to face more charges. Kgosi was slapped with six counts after being accused of undermining the security of the country, which was said to be prejudicial to the interest of the country contrary to the National Security Act.
*June 2022, the former deposed boss of DIS was charged together with Khama and others in a case reportedly linked to illegal possession of firearms. Kgosi, who seems to be taking the hardest beating than any other former public officer, was charged with 32 counts.
*July 25, 2022 Kgosi was charged with a single count of corruption in relation to the alleged acceptance of over half a million pula from an electronic company to allegedly influence a decision of procurement from the Public Procurement and Asset Disposal Board (PPADB). Particulars of the offence are that the accused person, Kgosi in 2009 then employed in the public service as DIS director-general, indirectly "accepted for himself the sum of P687,281.29 from Vlatacom D.O.O as valuable consideration to influence in recommending that PPADB to appoint the same company to get the tender to supply among other things identity card protection to the spy unit.
Meanwhile, Kgosi has not known any rest since being fired from the office and seems to be taking it hard. The former spy chief has been charged a record of five times with multiple charges in just a single charge sheet. Some of the charges failed to stick out but Kgosi keeps appearing before the courts of law. Since 2019 when he exited office, despite being the most charged and having appeared before courts the most, prosecution has not secured not even a single conviction yet. It remains to be seen if all the pending charges currently will yield anything positive for the prosecution who are seemingly gunning to nail the former spy man.