Tiroyakgosi's turbulent tenure
Mpho Mokwape | Monday August 8, 2022 06:00
Tiroyakgosi, who has served as DPP director since August 1, 2017, left the top post after his five-year tenure ended on July 31.
As Batswana are suggesting, the top man had a 'turbulent' tenure marred by high-profile prosecutions that failed to produce even a single successful conviction.
During the years that he was at the helm, the DPP took the most spotlight from what the public believed the agency seemingly struggled with high-profile prosecutions as they often messed up what many would consider not-so-hard to prosecute cases.
But the public still had hope because at the end of the day that is what the agency is for and it needed to deliver on its mandate no matter how hard the task at hand was.
Many suspect the top man failed to lead from the front like his predecessors who rarely lent their prosecution powers to state organs as he reportedly did and subsequently had trouble delivering effectively.
During his tenure, Batswana saw the prosecution of high-profile figures like former president Ian Khama, previous head of the Directorate of Intelligence and Security (DIS), Isaac Kgosi, ex-spy agent Welheminah ‘Butterfly’ Maswabi, Justice Zein Kebonang of the High Court and his twin brother, Sadique Kebonang, who is a former legislator, and minister and the recent addition of suspended Police Commissioner, Keabetswe Makgophe.
Tiroyakgosi's tenure came under scrutiny during the prosecution of most of the above-mentioned personalities including the high-profile National Petroleum Fund (NPF) looting case. Several of the state’s attempts to bring to book those who have been accused in the matter failed and the DPP was left disgraced.
Below is a sneak peek of how the DPP and its ex-director fared during his tenure:
*The Kebonang brothers were cleared after being charged in the NPF case. At the time of their acquittal, a total of three High Court judges, Justices Chris Gabanagae, Abednego Tafa, and Matlhogonolo Phuthego, stated there was no evidence whatsoever used by the DPP to prosecute the Kebonang twin brothers on criminal charges including money laundering.
The 146-page judgment, which was delivered by Justice Phuthego and concurred by Justices Tafa and Gabanagae, pointed out that it was clear from the facts before the court that the director of the DPP did not even read the docket before the pair was charged.
“Nowhere in the affidavits the director avers that he had read the docket prior to charging the pair. All he says is that the charging had been preceded by a briefing to him on available evidence by his juniors who had perused the evidence from investigating officers,” stated the judges in the verdict.
*Another tumble the DPP took was the acquittal and discharge of Maswabi, who is a former DIS employee. Though at the time of the judgment the DPP indicated an appeal, reputational damage was already done.
For instance, Tiroyakgosi and the DPP lead prosecutor at the time, Priscilla Israel, were all singled out to receive appropriate action regarding their involvement in the case.
“The actions of the director and Israel constitute criminal misconduct and abuse of office. They did not accidentally or negligently withhold information and material exculpatory of the applicant, but did so intentionally in order to maliciously and wrongfully prosecute her,” the judges stated.
Justice Kebonang further issued orders appropriate to the DPP as per their involvement in the case that has been singled out as having left the country to ridicule in the eyes of the public.
Tiroyakgosi was referred to President Mokgweetsi Masisi as the appointing authority to consider his removal from office of the DPP as per the Constitution.
He was also referred to the Law Society of Botswana (LSB) for investigation and appropriate action while also referred to the Attorney General for investigation and possible prosecution.
*Another highlight of Tiroyakgosi’s career was the P100 billion scandal that involved the allegedly stolen billions from the Bank of Botswana (BoB).
The matter left the nation confused and probably asking questions after the central bank denied knowledge of the alleged missing money from its custody. There were concerns from observers and commentators that the prosecutions were politically motivated.
This is one of the clear examples of how the DPP and its ex-director brought the agency into the spotlight in not so great way.
The prosecuting agency throughout all these prosecutions came under fire because the public saw the intelligence organ, the DIS seemingly being at the forefront of these prosecutions leaving the public and commentators wondering what could possibly be wrong with the DPP.
Social commentators believed that most of the cases were allegedly registered without Tiroyakgosi’s knowledge or input.
"The man had surrendered his prosecutorial responsibilities to the DIS. It is common cause that the man failed to produce a single successful prosecution on corruption," said an employee of the DPP who pleaded for anonymity.
However, Tiroyakgosi in his farewell remarks defended his tenure and argued he has done enough for the prosecution agency despite what many may think.
He noted that there were things that he believed he could have done better during his time at the Chambers.
In a leaked email to the DPP staff where he thanked them for their support, Tiroyakgosi said he had no regrets.
“Naturally, some of you might not have appreciated or understood my way of doing things or may have felt aggrieved or slighted by the same. This would by no means have been from a bad place. That said, I hope I would have impacted positively on most if not all of you in one way or the other. There have been no regrets though I could have done some things better but like any human, I have not been infallible,” he said.
Tiroyakgosi also stated that it has been a series of highs and lows throughout his career in these Chambers when he started in July 1991 until the date he assumed the position of DPP.