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Kgosi and eight others face court subpoena

The director general of the Directorate of Intelligence and Security (DIS), Isaac Kgosi has been subpoenaed by the High Court after two men applied for him to be charged with contempt of court.

Thulaganyo Boiditswe and Tshepo Makgalemele who are directors of Sparkling Auto Care Botswana argue through their lawyer that Kgosi should be jailed for trying to intimidate them on a matter that is before court. The case emanates from a P1.6 million Citizen entrepreneurial Development Agency (CEDA) loan application for the opening of Sparkling Auto Care franchise at Airport Junction Mall in 2012, which the DIS said was fraudulent and was under investigation.

Five years later, the DIS insists it is still investigating the matter. In the papers filed on May 22, 2017, the duo state that they have never been charged with any criminal offence and therefore they were not aware that there is an investigating officer by the name of Innocent Bachobedi.

“Infact, one Mr David and Mr Sebinyane once introduced themselves as lead investigators in our continued harassment by the DIS and police on the 12th August 2012 when the ordeal started,” said Makgalemele in his affidavit. The duo have instituted a civil matter against the Attorney General, DIS Director General and the Commissioner of Police for being denied a business opportunity.

They state that they have never received any information on the fraud charge, including any forged invoices if any, adding that they are still waiting for the P1.6 million loan, which was approved by CEDA.“We have not been cautioned for any offence and as such we have no knowledge of the charges”. The duo argue that their arrest and subsequent interrogation at CID offices in Kgale Mews on April 19, 2017 was unprocedural, unconstitutional and an attempt to intimidate them into submission and to force them to drop the civil matter.

“There has been a clear disrespect for the rule of

law and its preservation. The actions in contempt further enhance the unreasonableness of the complaint activating and founding the actions on the 12 August 2012,” says the affidavit.

The duo has stated that it is unreasonable for the DIS and police to claim to be still investigating the matter five years after their initial arrest.

Other officers, who have been subpoenaed, are Chepete, an officer at Broadhurst police station, and Sese a Fraud Squad Officer at Kgale Mews CID offices, Dymunthi Fraud Squad Officer, Ntwaetsile fraud Squad Officer all based at Kgale Mews CID office and Mtsosa based at Broadhurst police station.

They are expected to be in court on June 2. However, Bachobedi responded that the meeting held on April17 was furtherance of an on-going criminal investigation conducted against Boiditswe an§d Makgalemele and that there was nothing strange or amiss about it. He states that the plaintiffs presented forged invoices to CEDA claiming that they were proof of purchase of a car wash franchise in South Africa in order for CEDA to grant them a loan.

“Since investigations are still continuing, it is true that I informed them that they should expect to be summoned for yet another meeting soon,” he says. He says the meeting had nothing to do with the ongoing civil matter in which the duo are demanding over P10 million in damages for the defamation and lost business opportunity.

“As earlier stated, the outcome of this investigation is for criminal prosecution purposes only. It totally does not affect the pending civil matter. Whether or not I know about the civil suit is neither here nor there as all I’m doing is to discharge the mandate of my office”.




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