11 Apr 2019

The case in which the former Directorate of Intelligence and Security Services (DIS), director general Isaac Kgosi is accused of disclosing the identity of DIS agents and obstructing them in their course of duty has been deferred for a status hearing set for May 23.

Kgosi was also granted bail today (April 11), having been arraigned before Regional Magistrate South, Mr Masilo Mathaka, a week after Village Magistrate, Mr Goodwill Makofi recused himself from the case.

At the mention in Broadhurst, Kgosi was formally presented with two counts from a charge sheet amended by the prosecution.

In the first count, Kgosi, described as “an unemployed 60-year-old male residing in Phakalane, Gaborone,” is accused of having taken photographs of two DIS officers between February 18 and 21, 2019 as well as the said officers’ identity cards while they were in an operation and disclosed such pictures to Mmegi newspaper, which then subsequently published the pictures on February 22.

Kgosi is also accused of obstructing the said officers in the execution of their duties on February 18, 2019 contrary to Section 23 of the Intelligence and Security Service Act.

Acting for the defence, attorney Mr Thabiso Tafila said before Kgosi could plead they needed to be provided with further particulars of the said intelligence agents, who were only described as ‘X and Y’ on the charge sheet.

He said his client should not face broad and vague accusations that could deny him his right to liberty.

He said the defence should be furnished with the names of the agents and other details such as when they came into the employ of the DIS.

Mr Tafila said if such agents were employed after the end of Kgosi’s employ at the intelligence agency, he would not be privy to their identity and would not be in a position to disclose their identities.

State counsel, Ms Thato Dibeela of the Directorate of Public Prosecutions (DPP) said disclosing the names of the agents would be akin to perpetuating the very crime they had leveled against the accused.

Magistrate Mathaka ruled that the defence should communicate in writing to the prosecution, seeking further particulars within seven days, and thereafter the defence should after 14 days provide such particulars, which are likely to include the names and employment details of the intelligence officers.

But when the case resumes on May 23, the DIS agents would maintain anonymity through the continued use of the pseudonyms X and Y before the public court.

Kgosi was granted bail, the conditions being to pay P10 000, have two Batswana sureties who would pay a P10 000 surety bond each, report to the Broadhurst Police Station once a month, and that he has to attend court whenever he was required to.

Magistrate Mathaka turned down the request from the prosecution for Kgosi to surrender his passport.

This was after the submission of the defence counsel to the effect that Kgosi would regularly avail himself to the police.

He also added that he has been cooperative with the state, did not pose a flight risk, and regularly needed his passport to travel for medical attention and doctorate study supervision outside the country. ENDS