Former spy chief, Isaac Kgosi is challenging the State in his criminal proceedings following indictment in the National Petroleum Fund (NPF) money laundering case.
In the review application, Kgosi is challenging his prosecution on the basis that it is malicious.
The reasons for the challenge include the fact that, the equipment ordered has been received by the State, his successor Peter Magosi is deliberately refusing to receive the balance of the equipment much to the prejudice of the State and that money allocated to the Directorate of Intelligence and Security (DIS) was lawfully done and has not been lost.
Kgosi who was indicted on March 5, 2020 says the decision of the State to prosecute him for the DIS dealings is irrational and unreasonable.
The former spy chief who is charged amongst other crimes, with corruption and abuse of office, launched his review application last week Wednesday as he denies any abuse of funds allocated to DIS. The Directorate of Public Prosecutions (DPP) and Attorney General were served on May 20, 2020 with the application.
In his founding affidavit, Kgosi wants the decision of the State reviewed and set aside, saying the decision to prosecute him 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 nor corruption.
He pointed out that most of the funds allocated to DIS were expended for lawful purposes and for activities that were beneficial to the State. “DIS is a government security organ. The contract entered into between DIS and other entities was for the benefit of the State. It was not unusual for DIS to enter into such contracts,” he explained.
According to his affidavit some of the contracts the State is premising the criminal proceedingson are between DIS and Dignia Systems, which the spy organ procured equipment from, and another being funding for the building of a petroleum storage facility.
In his explanation, Kgosi said the contract between DIS and Dignia was not prejudicial to the rights of
He said none of the funds allocated had been lost and that the contract between DIS and Dignia was terminated unilaterally by the current Director General, Peter Magosi much to the prejudice of the State.
“The DIS is a security organ and most of the activities are extremely sensitive and covert.
In terms of its security mandate, the DIS is an autonomous body and is not restricted and in terms of reporting structure. It reports directly to the Head of State,” he said.
Kgosi explained further that the funds were ring-fenced so that they would not be lost to the treasury at the end of the financial year for lack of utilisation.
He said for the DIS to ensure that it could successfully carryvout the construction of its petroleum facility the funds were ring-fenced through a company known as Khulaco.
Kgosi said it was on the advice of the fund managers who were at the time managing the NPF on behalf of government.
“The funds ring-fenced by Khulaco were used for the intended purpose, that is for payment of equipment and services provided by Dignia through a lawfully executed contract.
The funds were part of the DIS Special Operations Fund over which I had oversight. Those were not part of the normal budget allocation to DIS and could be used in a manner determined by DIS director” Kgosi explained.
He also noted that in dealings with allocated funds, he has never at any point authorised payment of any commission to any party, including Khulaco.
In his review application, Kgosi said he is challenging the State to produce such evidence as he denies that he has ever abused his office, nor acted corruptly neither 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 review application is before Justice Michael Leburu of Lobatse High Court.