Katlholo, who in May 3, 2022 while out of the country woke up to the news of the DIS raiding and sealing the DCEC office said he had to spring into action in his own personal capacity to protect his then agency contrary to State argument that he has no right to bring an action or appear in court on behalf of the DCEC. “I had every right to file an application for interdict against the DIS on account of failure by the AG to act and his obligations to protect the office as statutorily enjoined to do so,” he said. The former DG, who allegedly sought help and protection from the AG at the time without any success, explained that as at the time he was the DG, and the nature of accusations directed at him personally, he had every right to bring action to court. He said he had to protect himself, the integrity of the office and the classified files that the DIS was seeking to obtain when they raided and sealed his office.
In his court papers, Katlholo stated that the Corruption and Economic Crime Act (CECA) unequivocally provides for the independence and the autonomy of the DCEC and that any decision by the DG shall not be subject to questioning by any person or authority though it is accepted that a decision by the DG may be subjected to review by a court of law in appropriate circumstances. “The DCEC DG has autonomy not only during investigations but the entire scope of the organisation albeit that the DCEC falls under the auspices of the civil service,” he said. He emphasised that the CECA avails to the DG broad rights that extend beyond the scope of investigations of which Section 4 confers upon the DG independence of action and answerability from the government. Katlholo argued that with the AG’s failure to act and exercise his obligation, it would have been unpleasant and against the rule of law for the legislature having conferred rights and obligations on him to be stranded without a method of enforcement or protection of such rights. He stated that the common law principle recognise the notion that any person legal or natural who has been wronged has absolute right to take action or seek redress within the legal system to seek protection
