Magosi evades contempt papers
Mpho Mokwape | Monday March 30, 2026 09:53
The matter arose from a court ruling in which four DIS agents successfully challenged the legality of their scheduled disciplinary hearing and obtained an order directing that no action be taken on it.
The officers, Pulane Kgoadi, Kuda Malikongwa, Paul Setlhabi, Sebuweng Mukani, and Mpho Molokwane, had filed papers at the Lobatse High Court in February seeking to have Magosi and 15 of his deputies charged with contempt of Justice Boipuso Makhwe’s December 2024 judgment.
In the ruling, Justice Makhwe found that the Permanent Secretary to the President (PSP), Emma Peloetletse, had acted unlawfully by ordering investigations of DIS employees.
The court held that under the Intelligence and Security Service Act (ISSA), only the DIS Director-General or the President, in cases of conflict, has the authority to institute such probes.
“The ISSA does not include the Permanent Secretary as a person having authority over DIS staff. The authority is solely for the Director-General, who reports to the President,” Justice Makhwe said.
Despite the ruling, the five officers who were suspended from duty in March 2024, amidst investigations linked to alleged corruption at Air Botswana, stated that the order was not implemented and were summoned for disciplinary proceedings in October 2025.
In the officers’ contempt application, they said the DIS had warned them that failure to attend the hearing could result in proceedings continuing in their absence.
The officers say that during the disciplinary meeting, they were slapped with new charges they objected to, which were turned down.
“The proceedings convened on the 25th of October 2025 were conducted in breach of this court’s order of the 13 December 2024, thus contemptuous. Additionally, the respondent’s adamant progression with the proceedings despite the applicant’s objecting to same pursuant to the order of the 13th of December 2024 based on the reasons proffered by the wrong person is a demonstration that the board did not exercise their mind on the matter which is clear demonstration of their disrespect of and obstruction of this court’s authority,” they argue.
Following what they describe as non-compliance, the four agents moved to institute contempt-of-court proceedings against Magosi in his official capacity as head of the intelligence service.
Reportedly, so far, efforts to serve Magosi with the contempt application have not been successful, as process servers have been unable to deliver the documents to him.
A source familiar with the matter said multiple attempts have been made to effect service without any luck.
“Process servers have gone out on several occasions to serve him, but they have not been successful,” the source said.
The source also said the inability to serve the DIS chief has prevented the matter from proceeding, as he has to be served personally before the case can move forward, and that has not happened.
Allegedly, process servers are often told that Magosi is unavailable at his office or too busy to see them, leading to a frustrated process because the case cannot proceed without his service.
The four agents remain out of duty despite the court order directing their reinstatement, according to their contempt application.
Court documents filed in the matter seek to hold Magosi and some of his deputies accountable for the alleged failure to comply with the court order.
The applicants state that the order remains in force and that they continue to be affected by its non-implementation.
A source said the applicants are awaiting the completion of the service before the matter proceeds.
“They are waiting for him to be served so that the case can be heard,” the source said.
The applicants maintain that they have complied with all legal procedures required of them.
They initially approached the courts challenging their suspension, arguing that it was not in accordance with the law, and the court subsequently ruled in their favour and issued an order directing that they be reinstated.
Following the ruling, the applicants stated that the order was not enforced, which led to the current pending contempt proceedings.
The applicants remain suspended at the moment, and attempts to obtain comment from Magosi were unsuccessful at the time of publication.
The DIS spokesperson, Edward Robert, says the agency operates strictly within the confines of the law and respects all court processes.
He stressed that neither his office nor the Directorate’s leadership would act in a manner that undermines the administration of justice.
Robert said the DIS is not aware of any attempts to frustrate judicial proceedings, dismissing suggestions that the agency or its officials may be interfering with due process. He confirmed that they are aware of the contempt of court application currently before the courts, but maintained that all actions taken by the Directorate, including those of the Director General, are guided by and compliant with the law.
He was responding to allegations that the DIS Director General is evading service of court documents in a contempt of court case, reiterating that the institution remains committed to upholding the rule of law and cooperating with legal processes.