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No DIS officer facing criminal charges - Mohwasa

Mohwasa
 
Mohwasa

Responding to a parliamentary question from Okavango East Member of Parliament (MP) Gabatsholwe Disho this week, Minister for State President, Defence and Security Moeti Mohwasa said his ministry has no record of any DIS officer facing criminal prosecution for offences allegedly committed either during the course of official duties or outside official duties.

The disclosure comes amid growing scrutiny of the country's controversial intelligence agency, which has in recent years been dogged by allegations of unlawful conduct and controversial disciplinary processes.Disho had asked, among others, Mohwasa to state the total number of members of the DIS that are currently facing criminal charges and the relevant details of the charges in each case.

While ruling out any ongoing criminal prosecutions, Mohwasa confirmed that six officers are currently under suspension or interdiction, but declined to disclose details of the allegations against them. He argued that doing so could prejudice ongoing disciplinary proceedings and compromise the rights of those involved. “It is equally important to recognise that it would not be fair to the affected officers for their cases to be discussed or characterised prematurely before the processes have been fully concluded and all relevant facts have been properly considered. The DIS nonetheless periodically reviews all pending disciplinary and administrative matters to ensure that they are managed in accordance with applicable laws, regulations, and internal procedures and endeavours at all times to conclude and remove officers from suspensions,” Mohwasa told Parliament. Mohwasa added that with regard to the officers who were interdicted or suspended from duty for extended periods and were subsequently reinstated without being charged or subjected to disciplinary hearings, the minister emphasised that each case is unique and must be considered on its own facts and circumstances. He said the nature, seriousness, and complexity of the allegations or alleged misconduct often determine the duration of investigations and, where appropriate, the time required to conclude disciplinary proceedings. According to Mohwasa, prolonged suspensions were often the result of complex investigations requiring extensive factual and legal inquiries, while in other instances the disciplinary process stalled because officers sought court intervention to halt proceedings.

“Such litigation inevitably affected the timelines within which the DIS could conclude the disciplinary process. Where, upon completion of investigations or after considering the outcome of related legal proceedings, it was determined that there was insufficient evidence to sustain disciplinary charges or that it was no longer appropriate or legally tenable to proceed, the affected officers were reinstated in accordance with the applicable legal and administrative framework,” he further disclosed.

He maintained that the DIS conducts disciplinary proceedings in line with the rule of law, principles of natural justice and applicable statutory procedures, although he acknowledged that lengthy delays are undesirable. To address the problem, Mohwasa said the intelligence agency has embarked on reforms aimed at speeding up disciplinary processes.

“To minimise delays and strengthen the administration of disciplinary matters, the DIS has taken several measures, including: Reviewing outstanding disciplinary cases to identify and resolve matters that have remained pending for extended periods. Strengthening internal case management and monitoring systems to ensure closer oversight of disciplinary proceedings, reinforcing adherence to prescribed disciplinary procedures and timelines, while recognising that exceptional circumstances may require additional time, enhancing coordination between investigative, legal, and human resource functions to facilitate the timely progression of disciplinary matters, continuing to review internal processes to improve efficiency, accountability, and compliance with the law,” he further pointed out.

Mohwasa said the DIS remains committed to ensuring that disciplinary processes are conducted fairly, transparently, and in accordance with the Constitution, applicable legislation, and the principles of good administration, while safeguarding both the rights of employees and the integrity of the Agency.Although Mohwasa insists there are no criminal cases involving serving DIS officers, the admission that six officers remain suspended highlights continuing disciplinary challenges within the security organ.