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Ex DCEC Director discusses ‘charge Kgosi’ enigma

Publishing Date : 27 February, 2018


The former Director of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katlholo has hinted that it may be just a matter of time before the Directorate of Intelligence and Security Services (DISS) Chief, Isaac Kgosi is brought to book.

As the founder of DCEC having served at the corruption busting agency from 1997 to 2009, Katlholo led the marathon and high profile investigation on the late former Debswana Managing Director and political kingpin Louis Nchindo. “The Setlhowa land scandal involving Louis Nchindo, his son Garvas, and Matome and Sesinyi was a mountain to climb but it eventually saw the light of day,” he said, adding that the embattled DIS Chief may also face the music at some point.

Nchindo was involved in corruption scandal relating to acquiring a large chunk of land throughout Botswana, which included in Gaborone - for purposes of tourism development. He was said to have corrupted public officials to acquiring the land and ended up facing 32 charges together with his son Garvas, and other former Debswana employees. The charges emanated from his (Nchindo) time while he was at DeBeers and Debswana and the matter was thoroughly investigated by Katlholo under the DCEC and he was tried and charged for the crimes.

When speaking in an exclusive interview with WeekendPost this week, Katlholo highlighted that he would not comment much on the matter as he may prejudice the case but emphasised that Bakang Seretse, who is facing money laundering charges involving more than 250 million pula maybe has a point in calling for all implicated parties to be tried in the same breadth.

“I understand the frustration coming from Bakang Seretse and his lawyer Kgosi Ngakaagae, generally there are far too many stories implicating the incumbent DIS General from way back but are not thoroughly investigated and maybe tried at the court of law to either convict him or clear him,” he highlighted. He continued: “so, he (Seretse) has a point. You must establish the principal. You see there can never be any money laundering without the principal offence because the money laundering offence is instigated on the principal offence.”

The former DCEC Director went on to state that he however believed that the organisation is working around the clock to bring everyone including the DIS Director to book if there is sufficient evidence that warrants so. “Just give them a chance, it is their own strategy. As of now they are looking at the facts before them.  So maybe it is too early to start condemning them.” Katlholo stressed that cases of corruption by their nature take a lot of time, maybe up to 5 to 7 years and gave an example of the Nchindo case that he says took five years to crack.

Of corruption, curse and political interference

Katlholo further told this publication that corruption by its nature has something known as public opprobrium which is like a curse; that is when you approach people to ask them questions as DCEC but they are unwilling to open up and so sometimes when you are involved in an investigation, you go through those difficult challenges affecting your investigation negatively.

He added “again, I do not know whether there is political interference or not. But it is in the nature that sometimes political interference is inevitable but I wouldn’t say there is political interference in the Bakang Seretse case but it is inevitable.” According to the corruption expert, this is precisely due to the fact that you are dealing with high profile people having a certain reputation to protect. So he advises that in such cases, there is need for political will because a country and its leadership has respectful division of labour and therefore what the DCEC, DIS and DPP are separately doing in their own right ought to be respected.

Kgosietsile Ngakaagae, attorney representing Seretse in his money laundering case recently turned the gun on the corruption busting agency, dismissing it as biased and hopeless. The attorney asserted that “the real question is we are questioning power and because of that we are being harassed. That’s the trouble here. Our clients are being harassed simply because they demand answers as to why some people are not being charged when they are charged when those people are the owners of what they are alleged to be charged with or to have committed.”

The attorney said the DCEC only went after the small fish, people accused of stealing two hundred pula or having small traffic fines “and then bang two hundred and fifty million pula gone and what do you do? You can’t look at power in the eye and say you should account.”

DIS intimidating DCEC?

According to the anti-corruption Specialist, he does not know the relationship between DIS and DCEC but he does not see any reason why the DCEC should be afraid of DIS and vice versa as they both have their own mandates. “In a law enforcement environment, you don’t investigate someone not at the behest of anyone but at the behest of the law. It is the law that says you go and investigate. On that account there is no reason why you should therefore be fearful of anyone or favour anyone. Because you are guided by the law, it’s a basic concept of the rule of law.”  

If there is corruption, he said, it should be investigated and if there is proof that implicates some people they should be dragged to court like anyone else. “There is no reason why the DIS Director or anyone should be feared. The DCEC is constitutionally established and it has the backing of the statutes, unless if they were operating on a vacuum then one would understand.”

Honours only on DPP to prosecute

He also stressed that the DCEC doesn’t prosecute so if they investigate a matter and put the case before the DPP then the prosecution honour is therefore on DPP and not DCEC. Meanwhile, last year in June, the then DCEC Director Rose Seretse testified before a Parliamentary Accounts Committee (PAC) that the docket in which they were investigating Kgosi for money laundering and possible corruption were completed. She said it had been passed to DPP for the next course of action. However, to date, nothing has been heard of the case as the DPP has yet to act on it.

The DPP however contradicted the statement saying the investigations were still ongoing and that they had referred the docket back to DCEC. In a separate savingram, Kgosi was also at some point said to be implicated in spying on and intimidating the DCEC unit investigating him over corruption allegations, an allegation which he however denied.



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