Seleka Springs files shelved before Katlholo joined DCEC
The former Director General of Corruption and Economic Crime (DCEC) Tymon Katlholo who is suing the Directorate of Intelligence and Security (DIS) for P2million damages, has painted a picture of the DIS as a rogue organisation with no processes on how to engage other state organs.
In a few weeks time, Justice Lekorwe of the Lobatse High Court is set to make a crucial ruling on the direction that the case should take, following a landmark decision by the Court of Appeal on the 2022 standoff between the two institutions that led to Katlholo’s sacking.
Katlholo has cited Attorney General, Director General of DIS Brigadier Peter Magosi, Spokesperson of the DIS Edward Robert, Police officer Steven Mafuta, and former acting DCEC DG Tshepo Pilane as first to fifth respondents respectively.
In his affidavit, Katlholo stated that the files that led to the barricading and sealing of his offices were established before he joined the DCEC and were handled by different officers.
He said that the actions by the DIS, and false utterances made by its spokesperson on radio stations, national television, and print media gave the impression that he had violated National Security Laws.
He added that during their interviews with DIS, Mafuta and Pilane gave false information that he committed acts of National Security which necessitated the sealing off of his office and that of his staff officers.
Katlholo further noted that he only learned about the investigations on December 17, 2021 after the return of his then juniors Tsholofelo Bareetsi and Joao Salbany from an interview with DIS on investigations into firearms seized from Magosi’s predecessor Isaac Kgosi, and a file relating to Seleka Springs, a company in which Tshekedi Khama and former President, Ian Khama were directors.
He said prior to his employment at DCEC, a decision was reached to shelve the aforementioned investigations and therefore it was wrong to attribute any delay, or wrongdoing to him as the DIS alleged.
“Upon perusal of the file, the plaintiff could not help but come to the same conclusion as his predecessor that there were no prospects of success to establish a case of abuse of office. The file was with head of closure assessment panel. With reference to Seleka Springs file, the Plaintiff would like to indicate that this is an administrative file and not an investigation file and therefore no investigations were undertaken by the DCEC regarding participation of Seleka Springs in the procurement of encryption software from Crypt AG. This file was kept as a matter of procedure by the DCEC Record Management office, hence Mrs Israel was able to respond to the DIS request on the same on 25th April 2022,” reads the affidavit in part.
Katlholo further stated that neither of the two files referred to were kept in his office at the time that his office was sealed by Mafuta, adding that there was absolutely no reason for him to keep them in his office.
“The Plaintiff would like to conclude by saying that the claim by Mafuta that such files were clandestinely kept in his office is a figment of his own imagination, which cannot be given as reason for sealing the Plaintiffs office,”stated the affidavit.
According to Katlholo the DIS failed to get the correct information during their interviews of Bareetsi and Salbany on December, 16, 2021.
“It was incumbent upon the DIS and Mafuta to make a follow up and find out from the Plaintiff as the overall custodian of DCEC records, whatever information they required to verify their interview with Bareetsi and Salbany,” he said.
