11 Aug 2019

The warrant of arrest issued against former Directorate of Intelligence Services (DIS) Director General, Isaac Kgosi granted last month and later suspended after an application by his legal team challenging it, remains under suspension.

On Friday, Broadhurst magistrate, Ms Tshepo Thedi agreed to a request by Kgosi’s legal representatives, Messrs Thabiso Tafila and Diba Diba for the warrant to remain under suspension until the next hearing of their application for it to be revoked.

Kgosi, who is accused of leaking the identity of DIS operatives involved in a covert intelligence operation, in a separate yet corresponding matter before Regional South Magistrate Mr Masilo Mathaka, has been accused of having flouted bail conditions by being outside the country since leaving through Ramotswa border gate on May 28.

On July 21, the state applied for the warrant of arrest to be issued against  Kgosi, which was granted by Broadhurst magistrate Ms Thedi, who later suspended it after the application by Kgosi’s legal team for it to be revoked.

The applicants had argued that their client left the country to get medical attention in Malaysia at the recommendation of his local doctor and that the state had been informed of his whereabouts at all times.

They further argued that in granting Kgosi bail, the regional court had not considered him a flight risk, and as such leaving the country on its own could not constitute flouting of bail conditions.

On Friday, as the Broadhurst Magistrate Court convened to hear arguments on both sides in order to make a determination on the status of the warrant of arrest and the state was not represented as the Directorate of Public Prosecutions (DPP) attorneys were said to be running late.

But the court proceeded to listen to Kgosi’s legal team counter arguments presented in an affidavit from the state. Mr Tafila told the court that after the last hearing on July 26, the state did not provide them with the affidavit on July 29 as ordered by the court, but rather furnished them with the correspondence four days later, on August 2.

Addressing the merits of the arguments presented in the state affidavit, Mr Tafila said the state claimed Kgosi had only entered Malaysia on July 13 from Heathrow Airport in London, United Kingdom, which was contrary to what the applicants had previously told court, that Kgosi had been in Malaysia much earlier for medical treatment.

“The reality is that Kgosi had gone to Malaysia for medical treatment prior to the date alleged by the state.  Malaysia has similar immigration laws to Botswana that is if a person enters the country, they are given a permit to stay for up to about 30 days, and thereafter they have to exit and re-enter. 

That is what Kgosi did, he only left Malaysia on July 1 and re-entered on July 13 for the purposes of being given more days to stay in the country for his medical attention,” Mr Tafila explained.

He also said instead of applying for a warrant of arrest in the first place, the state could have waited for the main case Kgosi faces before the regional magistrate, which has been deferred to September 25, in order to ascertain all information regarding Kgosi’s whereabouts.

Magistrate Thedi ordered that the applicants should serve the state with a responding affidavit, and that the court should be provided with copies of Kgosi’s passport documenting all the travel he did between May 28 and July 13.

At the date of the next hearing on August 20 the state and the applicants will present their arguments in order to assist the magistrate make a determination as to why the warrant of arrest issued against Kgosi should be revoked or retained. ENDS