DIS demands breakdown of Katlholo’s P2m suit
Mpho Mokwape | Monday August 21, 2023 06:00
The DIS has also challenged the former anti-corruption boss to give names of prominent persons that he claims in the suit were investigated by the DCEC and exact defamatory statement he accused the DIS of.
The spy agency has filed a notice in terms of the rules of court requesting that Katlholo should break down the amount of the lawsuit and how he arrived at the amount he is demanding.
In the filing notice dated June 29, 2023 the DIS has requested that Katlholo should provide a list of names of prominent persons who were investigated during his tenure with criminal proceedings being preferred against them and to further indicate the criteria he used in deciding which files should be kept in his office and accessible to him only and also to give a list of such files.
The spy unit, demanded that Katlholo should elucidate the more on circumstances surrounding the time he investigated the former DIS head Isaac Kgosi and directors of Seleka Springs of which Katlholo as in one of his affidavits said the files were dead.
The DIS is also demanding Katlholo to explain whether upon assumption of office he took it upon himself to ensure that the file was indeed dead as alleged and the reason which he deemed dead, "and if not, he needs to explain his conduct given the seriousness of the threat made by Kgosi to the effect that he would ‘topple the government’."
“He is requested to say what steps he took upon assumption of office and during his tenure as a DG of DCEC to satisfy himself that investigations against both Kgosi and Seleka Springs had been properly conducted and that there was no evidence disclosing any crimes committed either by Kgosi and Seleka Springs,” the DIS demanded.
DIS also wanted Katlholo to show where the files relating to Kgosi and Seleka Springs were kept, "and if they were kept in his office under lock and key he needs to explain why it was so."
The spy unit explained that Katlholo in his case to say whether the files relating to Seleka Springs were not kept in his office or that of his staff officer.
On defamatory allegations the DIS requested Katlholo to elucidate whether the DG of the DIS Peter Magosi, DIS spokesperson Edward Robert, lead investigator Jet Mafuta and Tshepo Pilane in his acting capacity as Acting DGl of the DCEC were served with the requisite statutory notice prior to the institution of proceedings against them.
“If so, Katlholo is requested to indicate the dates on which the notices were served, the name of the persons upon whom they were served as well as copies of the notices which were served on defendants. He is further requested to indicate the factual as well as the legal basis upon which the defendants have been sued,” the DIS demanded in response to a legal suit filed by Katlholo recently against the spy unit and its specific officers.
The spy unit further stated that Katlholo had said the DIS spokesperson personally broadcasted defamatory statements in question both on a local radio and its social media page of which he was requested to provide the defendants with the audio of the statements as well as the extract from the Facebook page.
The DIS also in its notice requested Katlholo to indicate the factual basis for attributing a statement allegedly made by Robert and show the portion in the statement in question which categorically accuses him (Katlholo) of being a threat to national security.
“Katlholo is requested to provide a factual basis for alleging that the spokesperson was acting in bad faith and also requested to indicate the names of the persons from whom the defendant should have ascertained the truthfulness of the alleged statement as well as the facts allegedly availed to them,” reads the notice.
The notice also states that there was no allegation that Magosi had uttered any statement with respect to Katlholo therefore, requested Katlholo to lay down a reason for alleging that Magosi uttered defamatory statements about him.
Accordingly, Katlholo is further requested to give grounds as for suing Mafuta with respect to evidence given in the cause of the legal proceedings in response to Katlholo’s application.
The DIS has also demanded the former anti-corruption helmsman to give reasons whether the words complained of were defamatory per say or in the secondary sense and that he must lay down the basis for his position.
“The plaintiff is requested to give names of the persons who allegedly repeatedly published and distributed the alleged statement on a local radio station and its Facebook page,” said the DIS.
Lastly, the spy organ wants Katlholo to specify the countries abroad where he allegedly enjoyed a distinguished and an unblemished career.
“Katlholo is requested to indicate the basis which he alleges that Magosi and Mafuta knew or ought to have known that the file in question was a dead file and he is further requested to indicate when the said file was declared dead and when such information was communicated to them,” The DIS further pressed.