02 Sep 2019

Broadhurst magistrate, Ms Tshepo Thedi, has reinstated a warrant of arrest she issued in July against former Directorate of Intelligence and Security Services (DIS) director general, Isaac Kgosi. The warrant had been under suspension after it was challenged by Kgosi’s legal team.

When pronouncing her ruling on the matter today, Ms Thedi said the applicant’s legal team, Messrs Unoda Mack, Thabiso Tafila and Diba Diba had stated that Kgosi was critically ill and was bed ridden in Malaysia, but copies of his travelling documents indicated that he had been able to travel to other countries, in particular Israel.

This meant that Kgosi was not as critically ill as had been suggested by his representatives and could have easily travelled back to Botswana and reported himself to the police as per his bail conditions.

Earlier this year, Kgosi was arrested and charged with disclosing the identity of DIS agents and obstructing them in their course of duty, an ongoing case before Regional South magistrate, Mr Masilo Mathaka and granted bail with some conditions including that he shouild report monthly to Broadhurst police.

But according to information placed before Magistrate Thedi, on May 28 this year,Kgosi left Botswana through Ramotswa border gate, entering South Africa, from where he took a flight to Dubai in the United Arab Emirates on May 31.

Thereafter, Kgosi, who had been referred to a specialist in Malaysia by his doctor in Botswana after suffering from a back illness, was said to be critically ill, needing surgery and rest, something his legal team communicated to the state in mid-June.

Kgosi was said to be in need to long term specialist treatment in Malaysia, needing anything from eight weeks to six months close monitoring by the specialist in Malaysia.

Since Kgosi had not been reporting to the police as per his bail conditions, the state on July 12 applied for a warrant of arrest, something which was granted by Magistrate Thedi, but later challenged by Kgosi’s legal team who wanted it revoked.

During the hearing, Kgosi’s representatives, argued that travelling outside the country had not been one of the bail conditions and at all times they had communicated Kgosi’s whereabouts and his health condition to the state.

The respondents in the application, the Directorate of Public Prosecution (DPP), responded by saying Kgosi had travelled to different destinations and records showed that he entered Malaysia on July 13 contrary to what had been argued by the applicants.

Ms Thedi asked for copies of Mr Kgosi’s passport documenting his travel from May 28 to July 13 this year and realised that, after spending June in Malaysia, Kgosi had spent two weeks in Israel and then returned to Malaysia on July 13.

While the applicants had argued that Kgosi needed to leave then re-enter Malaysia since the 30 day permit he had been initially allocated to stay in the country had expired, Ms Thedi said Kgosi’s stay in Israel meant that he had not been as critically ill and as bed ridden as had been claimed.

If Mr Kgosi could travel to Israel, there was nothing which could have stopped him from coming to Botswana to report himself to the police, Ms Thedi concluded.

Also, while Kgosi’s legal team had communicated his illness and whereabouts to authorities, they had not sought to have his bail conditions altered, which means he still needed to personally report every month to Broadhurst police, something he had not done.

Ms Thedi said the warrant of arrest against Kgosi is in effect, which means if the police could locate his whereabouts he would be remanded in custody, with his case before Regional South Magistrate Mathaka due to commence later in September. ENDS