- Kgosi decides not to go ahead with the suit
- Gov’t bends to accommodate Kgosi’s grievances
- Kgosi’s lawyer says gov’t has responded well to their grievances
Former Directorate on Intelligence and Security (DIS) Director General, Isaac Kgosi, who served the Attorney General with a Statutory Notice to sue for his unfair dismissal in September 2018 has backtracked on his intention to sue following a disarming response to his correspondence from the government attorney.
In spite of the Notice given to the government having long elapsed both parties, The Botswana Gazette can reveal, have been in contact and have exchanged correspondences on how the matter can be amicably resolved rather than through a tedious court battle.
Kgosi, through his lawyer Diba Diba has expressed his grievances and demands, most of which the government through the Attorney General have acceded to in principle while leaving room to negotiate further on the actual final monetary package Kgosi may receive.
The reciprocal process, a high placed source has revealed is likely to end in a win-win situation. Kgosi ‘s lawyer declined to share details of the negotiations but confirmed that they are currently at the negotiation table with the government
“Yes we are not proceeding with the case after what we considered a reasonable response from the government. We are currently negotiating, and we have exchanged a few correspondences and continue to engage each other. We will engage with you the media once the negotiations are over,” Diba Diba confirmed adding that it will be unfair to involve third parties at this time of negotiations.
The Attorney General, Advocate Abraham Keetshabe did not respond to this publication’s enquiries on the negotiations with Kgosi.
According to sources Kgosi was initially conflicted over the nature of the relief he should sue government for. According to close confidants of the former spy chief Kgosi was considering approaching court for damages for his unlawful termination or to seek reinstatement. The Botswana Gazette can confirm that Kgosi has given up his claim for reinstatement in recognition of the fact that in the position of head of the Directorate of Security Services one serves at the instance of the President.
In his Statutory Notice to the Attorney General Kgosi’s attroney insisted that he is entitled to damages for unlawful termination of his employment. “Kgosi was a permanent and pensionable employee of government. His salary scale was at PS level.” The former spy chief wants the State to pay him his salary from the time he was dismissed to December 2018 when he would have reached retirement age.
Kgosi in addition informed the Attorney General that he ought to be paid P150 000 in damages for the manner in which he was dismissed. “I suffered humiliation by being fired in the presence of my juniors,” states Kgosi in his 30-day statutory notice. Kgosi claims that President Masisi did not afford him a chance to serve notice as he was in a rush to get rid of him. A decision the former spy chief claims was questionable.
Kgosi was dismissed by Masisi a month into assuming office in the wake of corruption allegations that have plagued the former spy chief since investigations by the DCEC were leaked to the media in 2013. Kgosi is alleged to have been the recipient of a controversial five-year extension of the former’s contract by his close associate and former president, Ian Khama who was at that time outgoing. Brigadier Peter Magosi replaced Kgosi and is now heading an attempt by the government to hold Kgosi accountable for actions during his tenure as Director General of the DIS.
Kgosi who has been keeping a distance from the political space and public eye resurfaced last-month in handcuffs over allegations of tax evasion. His home has, for the past weeks, been a camping ground for law enforcement agencies.