When the country’s most-feared and invasive security organ, the Directorate of Intelligence and Security (DIS) raided and sealed off the offices of the DirectorGeneral (DG) of the Directorate on Corruption and Economic Crime (DCEC) and some of his executives, it was apparent the sleuths were fighting a tough war to save face. Mmegi Staffer SHARON MATHALA dives deep into a leaked file in which the DCEC is investigating DIS boss, Peter Fana Magosi

The now-suspended DG of the DCEC, Tymon Katlholo had always maintained that the DIS should not have access to his office in his absence. He said, this is because the DCEC was in fact investigating top DIS officials and whilst he did not mention names, it has since emerged that the DCEC has been investigating DG Magosi, a senior government official and another senior Cabinet member.

For some time, the corruption-busting agency’s Katlholo and Magosi, have been at odds over administrative issues within the former’s purview. Unfortunately, as it stands, both the Permanent Secretary to the President, Emma Peloetletse and President Mokgweetsi Masisi have not helped the situation they knew was festering under their watch.

Katlholo had long raised the alarm that the DIS had allegedly been trying to access DCEC investigation files, which ostensibly pointed fingers at some of the agency’s top spies. Amongst others, Magosi is implicated in one of the files that the DIS allegedly demanded from Katlholo.

However, when appearing before the Parliamentary Public Accounts Committee (PAC), Magosi dodged questions from legislators about the soured relations with the DCEC. Despite efforts by MPs to get answers on the matter, Magosi shielded himself behind the DIS Act, which does not allow him to discuss operational matters.

Now, Mmegi is in possession of an explosive prosecution docket summary dated May 3, 2022, which details the corruption case the DCEC had built against Magosi.

According to a Mmegi source, had the DIS not pounced on Katlholo, Magosi would have been served and most probably would have appeared before the courts of law by now.

How the investigation came about

According to the report in our possession, the DCEC received an anonymous report alleging that Magosi had abused his office or authority by directing that China Jiangsu International (CJI), a company that had won government tenders, be terminated on account of an alleged national security threat.

“Another report was received whereby the DIS had wanted the DCEC and Financial Intelligence Authority (FIA) to facilitate the suspension of a payment of P112 million which was an out-of-court settlement for the termination of the Mmamashia Water Treatment Plan expansion. The tender had been awarded to China Jiangsu International and Unik Construction Engineering joint venture,” alleges the docket on Magosi.

The background of the matter, according to the report, is that sometime around November 16, 2018, Magosi allegedly authored a Savingram to the Minister of Lands, Management, Water and Sanitation Services, Kefentse Mzwinila, making him aware that the DIS was investigating possible acts of corruption in the awarding of tenders to CJI. The DIS needed Mzwinila to cooperate.

According to the docket, upon receipt of the Savingram the Minister then allegedly engaged the office of the Permanent Secretary (PS) in the Ministry who was at the time holding fort as the incumbent was away on other duties. The minister reportedly indicated to the acting PS that the Savingram should be acted upon.

The acting PS, according to the DCEC investigation, allegedly refused to act on Mzwinila and Magosi’s instructions because she felt the Savingram from Magosi was just information sharing and that the Savingram did not in any way suggest that there was any action necessary.

“It seemed, however, that the Minister had more interaction with the author of the Savingram because he strongly believed the Savingram should be actioned,” reads the DCEC investigation report.

The PS according to the DCEC investigations then phoned Magosi to make him aware that they had received his Savingram and that the information on the Savingram would be considered by the ministry when dealing with the company in the future.

But Magosi, according to the DCEC investigations, would allegedly not back down. On December 21, 2018, the DIS boss reportedly wrote another Savingram to the PS, stating that CJI was allegedly engaged in activities that bordered on national security threats and, therefore, the ministry was advised to end all dealing with the Chinese company.

“Though this came as advice to the ministry, on engagement it became a directive which needed to be enforced by hook or crook,” the DCEC report further alleges.

“The issue relating to CJI as a national security threat was never filed with the relevant authority but the accused (Magosi) took a unilateral decision to label the company as such and proceeded to direct that no government entity should deal with the CJI as this would be detrimental to national security,” further alleges the DCEC report on the DIS boss. “Critically and also worth noting is that at the time, the accused person had initiated an investigation into the suspected corrupt practices by CJI and these had borne no fruit. The investigation of corruption does not fall within the mandate of the DIS. Despite this realisation by his own team, he still proceeded to label CJI as a national security threat,” the investigation docket on Magosi further alleges.

According to the report findings it would seem, Magosi actually never had a problem with the Chinese company but instead allegedly had issues with the company’s managing director, Cui Wanglin.

The DCEC investigations found that in fact, Magosi allegedly had issues with the fact that he suspected that Wanglin had reportedly, “bribed senior government officers, especially one top civil servant (name withheld).”

According to the report, “Magosi suspected that a senior government official (name withheld) had been given P300,000 by the Chinese as a bribe.”

“Worth noting again is that although representations were made to the ministry by the accused (Magosi) that it was allegedly CJI whose activities were bordering on national security, it turned out that during the course of investigations that in fact, the accused had issues not with the CJI but with the managing director Cui Wanglin,” reads the DCEC docket.

The docket further alleges that Magosi tried to persuade the Chinese national to allegedly ‘frame the alleged top civil servant’ and when he allegedly refused, their troubles began. It was reportedly during these engagements that the accused indicated that Cui Wanglin had allegedly given certain government officials bribes and he should confirm that.

When Cui Wanglin allegedly refused, as this was blatantly false, Magosi allegedly then motivated for his (Wanglin) removal from the position of managing director of CJI. It was then that allegedly an agreement was brokered where owing to his removal and appointment of a different person to that position, then Magosi would reconsider his stance on the company.

Because they did not want to ‘fight’ with government, the Chinese company allegedly bowed to Magosi’s demands and replaced its MD. Magosi then allegedly revoked the threat to national security from the company and they were cleared.

“This was a clear indication that the accused was meddling in the operations of the CJI, a private entity by virtue of the powers bestowed upon him by his office,” the DCEC docket on Magosi further reads. It continued: “The accused person continues his acts of usurping the authority of a duly constituted organ, the Central Intelligence Committee (CIC) in that he continued taking decisions without forwarding the same to the CIC. This action lead the Public Procurement and Asset Disposal Board (PPADB)

to act on false information that was supplied by the accused. Why did the accused person make ‘false’ representations to the ministry and by extension PPADB? The only plausible explanation is the perpetuation of the abuse of his office and position.”

DCEC findings

According to the docket, in the end, the DCEC investigators considered that Magosi be charged with abuse of office. The DCEC investigations further show that, in abusing his authority in office, Magosi allegedly did not have any national security threat information against CJI.

“Magosi’s illogical and capricious act of alleging that the CJI was a national security threat when he knew this was in, fact and in truth, false was prejudicial to the rights of CJI,” suggested the DCEC investigators.

The DCEC alleges that the accused person knew at all material times that there was no security threat assessment done in relation to the company or its personnel. That even if there was such an assessment, it was geared towards using CJI or its personnel for purposes unduly incriminating individuals within government. The accused person, according to the DCEC, “was, in essence, perpetuating a crime punishable by the law and utilising the very law that he is called upon to enforce.”

Reached for comment on the DCEC leaked investigations file, former DCEC DG Katlholo, who was at the helm at the time the report was made, refused to entertain Mmegi questions only saying: “I cannot confirm nor deny what you are asking me. Some of the matters you want are subjudice as you refer to a matter I have taken to court on contempt of court after the DIS went ahead and accessed files which the court ruled should be kept safe after I deposed an affidavit explaining to the court that my office had dockets I wished the DIS should not have access to.”

Quizzed about the DCEC investigations against him, Magosi was steadfast: “Nothing is going to stop me from fighting corruption.”

He added: “I am more than ready to go to court and defend myself against the charge they have preferred against me. We had and still have all the evidence on what happened with the tenders they won. Yes, we reached a compromise with the Chinese company and the person who was at the helm of perpetuating corruption was relieved of his duties and so that’s why we de-listed the company.

As long as I am at the helm of the DIS we will continue to fight corruption.” Asked further whether when the DIS raided the DCEC offices they were looking for Magosi’s corruption file docket, Magosi vehemently denied this.

He explained: “We were looking for certain documents that we outlined in our affidavit. We did not touch any other docket. I would have not allowed my officers to do that. No one is above the law, I have always said. Even myself, that file is still with the DCEC and we have not touched it, like I said I am more than ready to appear before court and defend what truly happened with the China Jiangsu blacklisting.”