‘You are too suspicious’, Kgosi tells State
Mpho Mokwape | Monday June 5, 2023 06:00
The former Directorate of Intelligence and Security (DIS) Director General has explained that outside the office of the Director General of the DIS, he had friends that the State wants to equate to criminality.
“The respondent's main undoing is that, he is suspicious of everything. He is suspicious of people’s relations and wants to equate them to criminal conduct. Outside office of the DIS, I had friends whom I lived with.
Richard Miles is one of them,” he said. Kgosi was responding to the State in its defence of restraining his property which consists of Sentlhane Farm, Lot 61299 Gaborone, Land Rover Vehicle, Land Cruiser, cattle consisting of 200 heifers, 24 Simmentaller, 36 pure breed Brahman, one Brahman bull and one Simmentaller bull and money amounting to P549,763.07 at Barclays Bank of Botswana.
In his replying affidavit filed on May 17, 2023, Kgosi said the State has been riding on baseless allegations without any substantial documentation towards proving any of the allegations. He explained that the Respondents, being Directorate of Public Prosecutions, Attorney General and The Receiver, have not produced any proof of what they are on about and that their undoing is acting on suspicions. “It is equally clear that the Respondents have contended with stating what their investigations have entailed.
No substantial documentation going towards proving any of the alleged wrong doings have been attached. Kgosi explained that since 2019, he has been a private citizen and not an employee of the DIS yet the respondents are suspicious of everything even his relations. He says one such friend is Miles (Richard) who he got the restrained cattle from and that he lives in three countries being Botswana, South Africa and England, meaning he travels extensively around the world, that having not returned his cattle at the time, he was investigated could not be a crime. Moreover, he explained that he has never deposited large sums of money in any of his accounts and that the State makes false allegation and not bothered to attach any of his bank statements that could easily attest to the allegation.
“That Nchindo gifted me the sum of P900,000.00 which I used to acquire farms is true because we were friends and that he (Nchindo) did not do business with the DIS,” he said. Kgosi emphasised that during his reign as the Director General of the DIS he met various businesspeople and that during its establishment or procurement of its assets was not and can never be a crime.
He said as the head of the DIS the organisation had its own procurement processes which were independent of him. “The Respondents make allegations against Silver Shadows but do not say when the company was paid and for what reasons. The State, however, knows that Silver Shadows was engaged by agreement between the parties concerned to investigate diamonds smuggling by Debswana. The company was engaged by Debswana and not the DIS with full knowledge that I was a director of the company,” he said.
Kgosi explained that most of the allegations against him are being repeated as if they are new allegations while they have been known to the State for long. “I am aware that Collins Newman has been interviewed during this period and the contents of what purports to be my trust account details taken from them. Nothing more is needed from the firm,” he explained.
Kgosi said the State’s excuse of its long investigations against him of complex issues was not true and that most people are accessible including Parks Tafa who he says it was not true that he was indisposed. He pointed out that the State was not being truthful about the process of mutual legal assistance being still ongoing because the fact of the matter was that investigations from Serbia, Israel and Malaysia had not been positive for the State especially that he (Kgosi) has no properties or bank accounts in the mentioned countries. More on his dealings, Kgosi said the State was aware that he was a shareholder in Choppies and that Sadique Kebonag was his attorney of record.
“The State is aware that I am a shareholder in Choppies Enterprises Ltd, and that Farouk Ismail, Ramachandran Ottapathu are my business partners who helped me acquire some of the assets listed through Sadique Kebonang Attorneys. My association with Choppies has never been a secret and that I was paid dividends and that was not secret,” he said. Kgosi also mentioned that his relationship with the mentioned parties was not criminal and that he was aware that the current Director General of the DCEC and even previous one had relationship with those people as well.
In conclusion, Kgosi pointed out that the State has failed to comply with the mandatory provisions of the empowering Act and therefore, have no basis to continue holding on to his property and that they are doing so deliberately to prejudice him. “It has been 12 years since commencement of investigations. It appears that there is no progress in the matter at all. Consequently my right to due process is violated and similarly my constitutional right to property is being violated,” he finished.