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State negotiates with Isaac Kgosi

Publishing Date : 10 February, 2020

Author : GOITSEONE SEVEN

In an unexpected turn of events former spy Chief Col Isaac Kgosi is now enjoying the bargaining power as the State is begging him not to proceed with his intended lawsuit that has the potential to grossly embarrass government.   


WeekendPost has established that Kgosi is on a mission to take the State to the cleaners after suffering humiliation at the hands of the Government on several occasions, amongst which was his unceremonious removal from office, his arrest at Sir Seretse Khama International Airport (SSKI), as well as being accused of financing terrorism. Kgosi, together with President Lt Gen Khama were accused or stand accused of having instructed Bank of Botswana, to open three offshore accounts, of which P100 billion was looted via the bank accounts.


Information gathered by this publication indicates that Kgosi has partnered with all those who were or are implicated in the matter; Khama, South African business woman Bridgette Motsepe, ABSA, Nedbank, Standard Bank to sue the Botswana Government. In desperate attempts to stop Kgosi and clean Brig Peter Magosi’s mess, it is alleged that President Mokgweetsi Masisi has assigned a team led by former army Commander and Botswana Democratic Party (BDP) Central Committee member, Lt Gen Tebogo Masire to lure Kgosi in for an out of court settlement.


The proposed deal is believed to be involving a huge amount of money. Kgosi has however declined to discuss matter relating to the looming lawsuit stating that, “it is too soon to discuss that case.” Sources close to this publication have revealed that Kgosi is not bending to the team’s request and is determined to clear his name. WeekendPost has established that Kgosi feels that the State has put him through a lot, and damaged his reputation in the process.


It is alleged that cases lodged against Kgosi are outlandish as the Directorate of Public Prosecution (DPP) together with the Directorate on Corruption and Economic Crime (DCEC) seem not to have tangible evidence against him. Towards the end of 2019, one Welheminah Maswabi code name ‘Butterfly’, a DIS agent was charged with financing terrorism, possession of unexplained property and false declaration of passports.


She was accused of transferring P29 million to the former spy chief shortly after he made remarks that he would topple the government. Prior to Maswabi’s case, Kgosi was arrested in what was dubbed as the “Hollywood style” by the current Director General, Magosi, at Sir Seretse Khama International airport (SSKI) after his arrival from a trip to Asia and the Middle East.


It was alleged that Kgosi was arrested in connection with alleged tax evasion. It was after his arrest that the DIS, Botswana Police Service (BPS) and Botswana Unified Revenue Service (BURS) conducted searches at Kgosi’s house at Phakalane Estates. In Maswabi’s case, through her attorneys Uyapo Ndadi and Unoda Mack, managed to discover some damning evidence against the State.  


It turned out after a tussle in court that one investigating officer at the DCEC, Jack Hubona  together with Magosi were involved in fabricating and manufacturing evidence to frame Maswabi and those who were implicated in the matter, Kgosi being amongst them. In the case against ‘Butterfly’, which implicated Kgosi and other prominent persons, Khama then disposed an affidavit in support of Maswabi rubbishing the State’s case and registering a “come get me” attitude.


South African banks, Nedbank and Absa, have also vehemently criticised the State’s evidence against Maswabi, in a case where she is alleged to be responsible for P4.2 billion that went missing at Bank of Botswana. The State had also brought before court laden evidence against the accused after the court was told that the accused had an enormous sum of P360 million in her different personal accounts.


Maswabi- in her personal capacity was also allegedly accused as one of the signatories of Blue Files (PTY) Ltd.’s Royal Bank of Scotland, a bank account held in S.A facilitated the commission of an act of terrorism by transferring an amount of 950000. 00 American Dollars to Isaac Seabelo Kgosi, who earlier this year upon his arrest threatened to commit acts of terror against Botswana.

The State had also brought before courts bank statements that showed how the money was transferred from on offshore account to another.


They further sought the court to be given time to seek legal assistance for admissible evidence which will be used during trial.
This publication is in possession of affidavits from the alleged banks denying any knowledge or trace of the alleged bank accounts.

In their opposing affidavit, Nedbank stated that “the opposing affidavit references accounts in the names of Blue Files (Pty) Ltd and Fire Flies (Pty) Ltd, are non-existent accounts. After conducting a search on our Nedbank systems, we have been unable to find any accounts in those names, nor any accounts with the mentioned account numbers.” 


Absa Bank also denied having any record of any account with designated account numbers nor account names. They further inquired that the document obtained by the State as evidence does not appear as Absa generated document.
 One of the investigators who had been engaged by Maswabi’s legal representatives, Johaan Minaar, also revealed in a report possessed by this publication, that the emails used by the State as evidence against the accused are also fraudulent, based on the vast differences between the attached email and those which are relied upon by the High Court.


The report alleged that the messages attached as evidence by the State appear to be fraudulent, as they could very easily have been produced by a word processor such as Microsoft Word, in order to provide veneer of authenticity to those emails which are relied on by the High Court.

The investigation company pointed out that unless the original electronic version of the email messages set out as annexures to the High Court application can be produced and authenticated, the annexures have no evidentiary values presented as they are presented to the relevant Tribunal in isolation as the original source data/document is not available for verification, further scrutiny and examination.

Upon establishing whether or not Royal Bank Scotland, Blue Files Inc. and Fire Flies were South African registered companies, the investigating team could not positively verify the entities.


They however stated that they conducted searches on two public registries, namely the Companies and Intellectual Property Commission in South Africa and Dun & Bradstreet (a similar registry in Botswana) and the search strings submitted to conduct such queries were as follows; Royal Bank, Blue File and Fire File. In an interview with this publication Kgosi’s lawyer, Mack explained that Kgosi has not been approached yet concerning the matter.   He stated that they have met a couple of times but this specific matter had not been raised.


 “But anything is possible, any possible human being would understand that what the State did to Kgosi and even the former President [Ian Khama] was inhumane,” Mack said.  “If he was to file a lawsuit it would be totally understandable. All the DPP keeps on saying before courts is investigations are ongoing. What investigations? To do what?” 


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