Kgosi slaps Magosi with P3m defamation suit
Mpho Mokwape | Monday August 29, 2022 06:45
Kgosi is demanding P3 million from the spy chief alleging that he published statements which are defamatory to him (Kgosi).
According to court documents, Magosi who is cited as the second respondent after the Attorney General allegedly published the defamatory statements in a founding affidavit filed in support of an ex-parte application made before a Magistrate’s Court in 2019.
“The cause of action is based on Magosi’s publication of statements which are defamatory to me,” he said.
Kgosi explained that in the defamatory statements, Magosi had stated that, “a large sum of money amounting to millions is suspected to have been siphoned out of the DIS coffers around the time when he was its director-general. I need to know where the money went, who the beneficiaries were, and what was being funded by the money and for what purpose. I need to have access to the above individuals’ bank accounts, their premises, and/or properties connected to their names and businesses.”
“There are allegations that Welheminah 'Butterfly' Maswabi and Gobopaone Mogalakwe, who were officers at the DIS under Kgosi, have each amassed properly not commensurate with their known emoluments. I suspect these properties were bought with ill-gotten money either from DIS or other unlawful means and they can be cashed for value further unlawful activities prejudicial to the peace and stability of the nation,” Magosi further said.
Shathani July is a close associate of Kgosi and he served as Kgosi’s driver during his tenure as the director-general of DIS. He is alleged to have acquired properly not commensurate with his known emoluments.
Bash Carriers Pty Limited is owned by Otshegeditse Basiame.The company and the said Basiame are suspected to have unduly benefited from dubious tender awards influenced by Kgosi during his tenure as the DG of DIS.
Defence Concepts Pty Limited is owned by Thatayaone Seduke. The company and the said Seduke are suspected to have unduly benefited from dubious tender awards influenced by Kgosi during his tenure as the DG of the DIS.
“There are allegations of government procurement and financial instructions flouted by Kgosi while he was DG of the DIS, to the detriment of Botswana. Magosi in his court papers suspected that part of the money has been channelled to fund activities that are detrimental to State and National Security.
Kgosi says the allegations are false, were made with an improper motive, had no foundation in any credible evidence were defamatory and caused damage to his reputation.
“In making the defamatory statements, Magosi was acting during and within the scope of his employment. Although the impugned affidavit was filed with court on February 2019, I became aware of it in March 2020,” he said.
Kgosi is demanding damages for the mentioned money and an interest thereon at the rate of 10% per annum as from the date of judgment to the date of payment.
He is also seeking a retraction of the defamatory statements and an apology to be published in a national newspaper agreed by him.
Meanwhile, Kgosi appeared before Gaborone High Court judge, Michael Leburu on Monday for case management.