Kgosi court hearing next month
Mpho Mokwape | Friday September 25, 2020 17:06
The matter is before High Court Judge Michael Leburu.
Kgosi, who was indicted in March 5, 2020, appeared before court on Monday for a status hearing following his decision to seek court to review his criminal proceedings instituted by the state against him.
He is challenging the State’s decision to indict him in the P250 million NPF case saying the decision to prosecute him for the Directorate of Intelligence and Security (DIS) dealings was irrational and unreasonable.
The former DIS chief who is charged amongst other things, with corruption and abuse of office launched his review application as he denies any abuse of funds allocated to DIS.
Kgosi, who through his lawyer Thabiso Tafila told court that he had already served the State with his heads of argument this week, wanted the decision of the State reviewed and set aside saying the decision to prosecute him based on allegations of corruption or abuse of office was done in bad faith.
“I deny that I have abused my office or acted corruptly either in the procurement or utilisation of the funds allocated to DIS. The application seeks a review and set aside the decision to institute criminal proceedings against me,” he said.
Kgosi explained that most of the dealings of the DIS were done for the State and that the transfer of funds from government entity to another cannot constitute abuse of office or corruption.
In his explanation, Kgosi said the contract between DIS and Dignia Securities was not prejudicial to the rights of the government in any way, especially that some of the equipment procured after the agreement had been received by the State and there was evidence to that.
In his review application, Kgosi said he was challenging the State to produce such evidence as he denied that he had abused his office or acted corruptly either in the procurement or utilisation of the funds allocated to DIS.
“The decision to charge me on funds that were lawfully allocated to the DIS and which have been expended lawfully for the procurement of security equipment and training of security personal for the benefit of the State is irrational and unreasonable,” he said.
The State represented by Mpho Letsoalo, is expected to file its replying papers before October 6, 2020.