While Kgosi’s lawyers want the warrant for the arrest of their client lifted because he is returning from Malaysia of his own volition, they might as well be howling in the wind because the prosecution thinks Malaysia amounts to the pulp fiction of cheap movies because the ‘fugitive’ has all along been holed up in South Africa. TEFO PHEAGE reports
The embattled former head of the Directorate of Intelligence and Security Service (DISS), Isaac Kgosi’s impending return is causing much excitement behind closed doors where the legal teams are sparring in preparation for drama that may unfold upon the ‘fugitive’s’ arrival and possible arrest.
Kgosi is scheduled to arrive and appear in court where his case is scheduled for Tuesday this week. His lawyer Thabiso Tafila, appearing with Unoda Mack, told Regional Magistrate Masilo Mathaka on 5 November that they had received communication from Kgosi that his condition had been reviewed and he was ready to come back home. Tafila said they expect him to be back in Botswana by the end of November.
However, information reaching this publication is that a 24-hour Interpol surveillance is the reason behind what looks like Kgosi’s shilly-shallying. The former spy chief’s lawyers are said to be trying to secure a safe and secure return for their high profile client.
Kgosi is a wanted person owing to a July 14 warrant of arrest and has been placed under a red flag as a fugitive. The state says the letter has been circulated to Interpol for Kgosi to be arrested on sight. But his lawyers want to negotiate for the lifting of their client’s warrant of arrest because Kgosi has volunteered to return to Botswana and answer to his charges.
However, those close to these developments say they are as good as howling in the wind because the prosecution is not interested. The state is reportedly sceptical about Kgosi’s purported stay in Malaysia and believes that he has been holed up in South Africa.
Upon being apprehended, a fugitive is to be brought before a magistrate within 48 hours of his or her arrest and the magistrate may issue a warrant for his or her further detention or release, based on arguments by both parties.
Should he be arrested upon arrival, Kgosi will be locked up until his next appearance in court, unless he shows cause to the magistrate why he should not be remanded. He is expected to use his ill health and medical reports as the basis for his case.
Broadhurst Magistrate Tshepo Thedi previously refused to cancel the warrant issued on 14 July 2019 or suspend it. “Its immediate reinforcement will go a long way in upholding the rule of law,” she said, adding that Kgosi should appear and show cause why he did not comply with his bail conditions.
Kgosi has been charged with two offences relating to an incident in which he allegedly took pictures of secret agents and shared them with the public. He is also alleged to have obstructed security agents in execution of their duties.
At the time that he allegedly photographed the secret agents in question, Kgosi claimed that they were on a mission to assassinate him. Prosecutors told the court that Kgosi did not abide by his bail conditions as he left the country without reporting to the police.
They argued that it was reasonable to declare Kgosi a wanted fugitive and that he has to be brought to court to show cause why his bail conditions should not be revoked. This was after the state, through the Directorate of Public Prosecutions, approached the court with an application to have Kgosi arrested after he allegedly violated his bail conditions.
But his lawyers have told the court that he is currently in Malaysia where he is being treated for an undisclosed ailment. Attorney Thabiso Tafila has argued that “there was absolutely no need for (the) warrant of arrest because there was nothing preventing Isaac Kgosi to travel to Malaysia at the time and there was no need to vary his bail conditions as he thought he would be back soon”.