18 Apr 2018

Public Accounts Committee (PAC) which is investigating the National Petroleum Fund (NDF) has resolved to write to the Speaker of the National Assembly, Ms Gladys Kokorwe to evoke Section 13 of the National Assembly (Privileges, Immunities and Powers) Act so that the director general of the Directorate of Intelligence and Security Services (DISS), Colonel Isaac Kgosi could answer questions from the committee.

This follows an uphill battle by members of the committee in an attempt to force Col Kgosi to answer their questions. Col Kgosi’s stance is that issues the committee wanted him to respond to were before court while some were classified information.

The National Assembly (Privileges, Immunities and Powers) Act empowers the Speaker to make a determination on how such matters may proceed, either by ordering for the tendering of the necessary evidence or documentation or refusing to grant permission for the person appearing before the committee to be forced to divulge the information sought by a particular committee.

Section 13 (2) states that “where any person ordered to attend or to give evidence or to produce any paper, book, record or document before any committee refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of inquiry, the chairman of the committee may report such refusal to the Speaker with the reasons thereof; and the Speaker may thereupon excuse the answering of such question or the production of such paper, book, record or document or may order the answering or production thereof”.

The chairperson of the committee and Member of Parliament for Selebi Phikwe West, Mr Dithapelo Keorapetse informed Col Kgosi at the end of the hearing that PAC would write to the Speaker of the National Assembly to evoke the section and he (Kgosi) should expect a correspondence from Parliament in the near future.

In response, Col Kgosi said although he acceded to the resolution, he was aware that the decision had already been made and was therefore not a surprise to him.

Earlier on, he had refused to comment or discuss any correspondences that he made between his directorate and the Ministry of Mineral Resources, Green Technology and Energy Security or the financial managers of NPF.

He had also refused to be drawn into discussing any information that is related to a case that is currently before court, in which DISS will testify.

Col Kgosi also refused to shed light with the committee on issues he discussed with his principals (President, Vice President and oversight institutions) saying the DISS Act does not allow him to share with anybody any discussion that he had with his principals.

Mr Keorapetse had asked him if oversight institution such as the intelligence committee, Intelligence and Security Council, Ministry of Finance and Economic Development in respect of public funds and the Parliamentary Committee on Intelligence had knowledge of the procurement of the P118 million security equipment, which DISS had proposed.

He said all these oversight institutions were never seized with the matter because whatever he does (as the accounting officer for DISS) remained administrative and he did not require any permission from these oversight institutions to give him permission to procure or not to procure.

He also refused to share with the committee the operations of the DISS when asked if DISS runs convert companies.

Although earlier on he agreed that he was once interrogated by the DCEC pertaining to this case, he later changed and refused to be drawn into discussing the matter, saying it was a matter before court and that his comment would be pre-judiciary to the case.

It was clear from the committee members that they had information that he (Kgosi) was once approached by the DCEC and warned or offences relating to corruption and economic crime.

Col Kgosi also refuted that he contravened the Public Finance Management Act because accounts were opened without proper authority, adding that it was the responsibility of the parent ministry to sanction such accounts.

He also refuted as false that he did not follow the tendering process as required by the PPADB Act, saying these funds were not public funds because they were in the possession NPF, which is a private entity.

Col Kgosi explained that they used the SPADEC (procurement entity at PPADB) tendering process because NPF was a private entity.

However, a member of the committee, Mr Ndaba Gaolathe put it to him that some offences had been committed by his institution regarding the tendering process and that there was no governance in accessing funds from the NPF.

He also refused to comment when asked if the variations he made to change the use of the funds from the construction of strategic storage fuel reserves to security equipment was sanctioned by the president.

At the end of the appearance, the two parties agreed to disagree.

The PAC continues.  ENDS