The two top agents, Director of Legal, Pulane Kgoadi and Principal Intelligence Officer, Paul Setlhabi said in court papers that they had been tasked with an investigation into Air Botswana regarding aviation and safety and had suspicion about the procurement process of the aircraft. They allege that what they were keenly looking into possibly irked Magosi who allegedly forced them out of the investigation.
“We had been tasked with an investigation into Air Botswana regarding aviation safety. There had been concerns over the observance of safety standards. The investigation had been sanctioned by the Acting Director General of DIS in the absence of the incumbent Director General. Air Botswana was in the process of expanding their fleet with used aircraft. During the investigation huge questions regarding the cost(s) at which the used aircraft were being procured emerged,” they said.
In a detailed declaration filed before court this week on Monday, the agents who have fallen out with their boss (Magosi) are now suing State collectively following arrests, detention and suspension. They further explained that preliminary investigations revealed that the aircraft were purchased and contracts signed without pre-buy and/or bore scope inspections and other standard or mandatory due diligence requirements.
According to their court papers, the cost of reconditioning the aircraft to service ability had not been properly assessed or established to determine justification for the procurement of old aircraft as opposed to new ones.
“These failures led to suspicions of corruption in the aircraft procurement process of the aircraft which suspicions the Plaintiffs were keenly looking it. In this investigation information emerged that the Director General of DIS had had conversations with a UK based agent on the procurement of the aircraft,” they said.
The agents, who also alleged that a Cabinet Minister was also mentioned in the enquiry, said Magosi was 'a person of interest' in understanding the questions raised by the investigations.
They explained that this, amongst others, led to frustrations on their boss and that on the 14th, alternatively March 15, 2024, the Chief of Staff of the DIS communicated with them that the Director General had ordered their removal from the Air Botswana investigations with immediate effect, which was abruptly done.
“The agents having been removed from the Air Botswana investigation were still involved in the investigation allegedly ordered by President Mokgweetsi Masisi against the Director General. The same came to an abrupt end too,” they said.
They further stated that shortly after their removal from the Air Botswana investigation, on Tuesday March 19, 2024, the Permanent Secretary to the President (PSP) wrongfully provided to the Director General, investigative material on the President ordered investigation.
The agents noted that to remove and avoid doubt the handing of the information to Magosi happened in her office at the Office of the President in their presence and that PSP had summoned them to her office and stated that she wanted to reconcile them with the DG.
“She indicated to them that she was wondering why they were fighting. In particular, the Permanent Secretary to the President provided the Director General with a memory stick (thumb drive) containing recordings of an interview they had had with a whistleblower/informant.”
The duo revealed that in the recording, the DG was fingered for possible wrongdoing and after the PSP dismissed them and the boss, Setlhabi immediately returned to her and protested that the giving of the investigatory material to Magosi effectively put the safety of the whistleblower/ informant and theirs in danger to which she only exclaimed, “Eish”, and said no more.
The agents argued that this was the straw that broke the camel’s back as the next day on March 20, 2024; Setlhabi was called by the DG to the DIS offices where upon arrival he was arrested and put in police cells on accusations of leaking information.
They stated that Kgoadi’s arrest and detention followed the next day and as such whilst the presidential investigations aforesaid constituted the primary reason for the unlawful arrests, detentions, searches and seizures. They said secondary reasons, including the Air Botswana investigation, existed that had made them undesirable in DIS and further motivated the unlawful acts forming the basis of the cause of action they have taken.
Meanwhile, more on their investigation on Air Botswana, the agents said during their investigations they were able to establish that Air Botswana was extremely poor in compliance in so far as compliance with aviation standards and requirements were concerned.
They revealed that the failure in compliance transcended procurement, maintenance, flight operations and training amongst others while several personnel in key strategic and technical posts in Air Botswana did not have the necessary qualifications for the posts they occupied which compromised aviation safety.
“These issues were discussed by the investigation team with the Civil Aviation Authority who confirmed that in the statements provided to the investigation team. Posts that required licencing by the regulatory authority especially in the operational sphere were filled by personnel with neither the requisite qualifications nor regulatory approval,” they explained.
The agents suing State for P4,5milion are arguing in their lawsuit that they have been subjected to unlawful arrest, unlawful detentions and an unlawful search and loss of dignity by the DIS and Botswana Police Service being Botswana government statutory entities acting jointly and in common purpose, alternatively acting severally.
As a result they stated that they have suffered harm and consequently damages at the hands of the Botswana government through the wrongful and unlawful actions of the DIS and the BPS for which harm and for which damages, the government of Botswana is liable.
