23 May 2019

Former director general of the Directorate of Intelligence and Security (DIS), Isaac Kgosi, who is facing two counts of revealing the identities of DIS agents and obstructing intelligence officers in the execution of their duties, will return to court on July 23.

This was after Regional Magistrate-South, Mr Masilo Mathaka, who presided over the case today (May 23), granted the prosecution a further six weeks to conclude investigations.

Mr Mathaka pronounced that it would be prudent for the state to prepare a case and conclude investigations before Kgosi could be asked to plead and a trial date could be set.

This was after state counsel, Ms Thato Dibeela of the Directorate of Public Prosecutions (DPP) had motivated before court that although investigations were still ongoing, the state felt the case was in a position where the accused could plead and proceed to face trial.

Quoting Section 128 of the Criminal Procedure and Evidence Act, she said the state was enjoined to give reasonable information on the details of the offence, something which she said had already been done.

She added that it was sufficient ground for Mr Kgosi to plead and for the trial to commence.

At the date of mention in April, Kgosi was formally 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 that he disclosed such pictures to Mmegi newspaper which proceeded to publish them on February 22.

Kgosi was 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.

The defence had sought to be furnished with further particulars of the case, including the identities of the said agents, who for the purpose of the trial were referred to as X and Y.

Ms Dibeela said the further particulars, which had been the reason the plea had been reserved, had now been provided to the defence, and thus the request of the state was that the trial should commence.

Although the pictures in question had not been availed, she said all other documentation sought by the defence had been provided.

Acting for the defence, attorney Thabiso Tafila said earlier in the week, the prosecution had obtained a search warrant and sent about 20 officers to search Kgosi’s house ‘for a single phone,’ which was an indication that the state had not yet concluded investigations.

Mr Tafila said two cellular phones belonging to Kgosi had been seized, but that nothing concrete had come up as investigators had still failed to show evidence of the photographs of the DIS agents in any of Mr Kgosi’s phones, which he said should be returned to the accused.

Magistrate Mathaka decided that the prosecution should have an extra six weeks to wind up investigations before the case resumed on July 23 for a status hearing, or alternatively a case management conference (CMC) between the prosecution and defence presided over by the magistrate on how to proceed with the case. ENDS