Mmegi

Magosi interdicted from top agents disciplinary hearing

Magosi PIC: MORERI SEJAKGOMO
Magosi PIC: MORERI SEJAKGOMO

The Directorate of Intelligence and Security (DIS) Director General, Peter Magosi, has been interdicted from carrying any disciplinary hearing of the spy unit’s suspended top agents, pending their review application challenging the decision to commence disciplinary hearing against them.

The agents, Pulane Kgoadi, Paul Setlhabi and Kuda Malikongwa, Sebuweng Mukani and Mpho Molokwane who some of them were on various occasions arrested and detained by the DIS and the Botswana Police Service (BPS) officers recently made an interdict application. In the application for an interim interdict, the agents wanted interdiction of Magosi from commencing disciplinary proceedings against them pending the final determination of the review application challenging the decision of Tebogo Bagopi to recommend disciplinary charges against them based on the investigation report.

Justice Boipuso Makhwe of the Lobatse High Court yesterday granted a temporary order saying the agents have made a case for the relief they seek. “The applicants have a clear right to be subjected to a lawful process and reject an unlawful one. The facts of this case also favour the granting of an interdict in favour of the applicants,” she said.

Justice Makhwe explained that the agents should not be subjected to an unlawful process that has dire consequences for them simply because they have a right of appeal at some point because the right to appeal as an alternative relief cannot undo the harm likely to be suffered by the agents. She stated that application for an interim interdict succeeds with costs in favour of the applicants. The judge gave context as to the proceedings in the ruling being that the agents are all employees of the DIS and sometime in March 2024 they were suspended from their duties.

On June 27, 2024 Bagopi was reportedly appointed by the Permanent Secretary to the President (PSP) to investigate the agents on issues pertaining to their duties on the investigations of Air Botswana. The development to investigate the agents was allegedly based on the report of Bagopi to the PSP, dated September 4, 2024. Around October 24, 2024 the applicants were then served with letters embodying charges and an intention to commence disciplinary proceedings against them which gave rise to their current proceedings. As per Justice Makhwe, the charges were from an investigation commissioned by the PSP.

In this part, she said she could not determine the applicant's right to an interdict or otherwise without determining whether the PSP was empowered to investigate the agents. “If the answer is in the negative, it will follow that the charges against the applicants based on her investigations are null and void and hence their right to an interdict. The Intelligence and Security Services Act (ISSA) does not include the Permanent Secretary as a person having authority over the DIS staff,” she said.

She explained that the authority is solely for the Director General who reports to the President and in terms of Section 6 (2) of the ISSA, the Director General shall be responsible for the direction, control, administration and expenditure of the Directorate. The judge pointed out that there was no reference whatsoever to the PSP and that in her view, by ordering an investigation into the DIS, the PSP acted unlawfully. “Such investigations can only be ordered by the President, where the Director General is conflicted or by the Director General himself in the absence of any conflict. This is so because the Director General reports directly to the President and not the PSP in terms of Section 7 of the ISSA,” said Makhwe.

She stated that on the record, it is clear that the investigations were carried out at the instance of the PSP and the charges preferred against the applicants are as a direct result of the investigations by the PSP. Justice Makhwe said Magosi never caused the investigations to be undertaken and that she has not been able to find out the legal basis upon which the PSP could institute investigations against employees of the DIS. She noted that since it is common cause that the investigations launched against the agents emanated and have their origins from the investigations related to alleged corruption at Air Botswana and that they were part of the Air Botswana investigating team until they were instructed to cease the investigations.

Thereafter they were suddenly arrested and detained by the DIS acting together with members of the police and shortly they were suspended from work and have so remained suspended to date and Bagopi was appointed as Investigating Officer on the agents. “Upon conclusion of her investigations, she recommended that disciplinary action be taken against the agents for various offences and concluded by stating that, the Officers of the DIS cannot act like normal public officers hence their conduct should reflect the uniqueness of their service.”

The investigation report was signed on September 4, 2024 by her and following the investigations, the applicants were slapped with different charges, some of which are similar and were asked to appear before a Disciplinary Board. Meanwhile, the judge said when Magosi ordered investigations on the Air Botswana maladministration allegations, he went beyond his powers. “This is so because maladministration does not fall under the features of the national security of the DIS. Once issues of maladministration were detected, the DIS should have referred the matter to either the BPS or the Directorate on Corruption and Economic Crime for investigations,” she said.

Justice Makhwe stated that the investigations into Air Botswana were pursued in ignorance of the limitations of the powers of the DIS and that by instigating the investigations to be carried out against the agents, the PSP acted against the ISSA, which establishes the DIS.

Editor's Comment
UDC's 100 Days: Please deliver your promises!

We duly congratulate them to have ousted the long ruling Botswana Democratic Party (BDP) from power. Prior to taking power from the BDP, the coalition had made several election promises that are credited for influencing change and swaying the people to vote in its favour.The party had made an undertaking, which its leader and President Duma Boko consistently bellowed in his campaign trail. These undertakings were promises that Batswana would be...

Have a Story? Send Us a tip
arrow up