On Friday, the court stated it was clear that the intelligence agency, without lawful authority, sealed the DCEC offices and that of then director-general, Tymon Katlholo. The Attorney General (AG) representing the DIS had appeared before CoA appealing a High Court judgment that ruled in favour of the former DG of DCEC. Katlholo had taken the DIS to court in protest over the raid, which occurred in early 2022. The court had previously granted Katlholo, on behalf of DCEC, an interdict against DIS, which had raided and sealed his office, allegedly in pursuit of dockets related to some officials of the spy outfit.
At that time, the DCEC was reportedly investigating some DIS officials, including Director-General Peter Magosi, leading to the raid while Katlholo was on official duty outside the country. In the judgment, Justice Lesetedi said from the facts it was clear that the DIS then took control of those premises and designated them a crime scene with the intent to access at least one of the files and documents unlawfully. "These purposes were legally entirely unsanctioned. The DIS had no legal entitlement to conduct itself in this way, pursuant to an investigation on which it was not empowered," he said. Justice Lesetedi explained that DIS have no right to interfere with the business of DCEC legally because they are two separate government entities each independently guided by its own Act.
