- Magosi “never filed any report with the Central Intelligence Community” as the law required
- Declaring China Jiangsu a security threat and then lifting the status may haunt Magosi
- Leaked DCEC docket a double-edged sword that purportedly led to Katlholo’s suspension
The head of the Directorate of Intelligence and Security Service (DISS) Peter Magosi, overlooked the Central Intelligence Community chaired by President Mokgweetsi Masisi in his controversial decision to declare a Chinese construction firm, China Jiangsu International (CJI), a threat to national security, in the process violating a requirement of the Intelligence and Security Service Act.
This is according to a leaked controversial docket prepared by the Directorate on Corruption and Economic Crimes (DCEC), which allegedly led to the suspension of DCEC director Tymon Katlholo following his recommendation for prosecution of the DISS director.
Not the case
According to the docket, the Central Intelligence Community Act stipulates that a national threat assessment has to be carried out by DISS but with the knowledge of the Central Intelligence Community.
However, according to the docket, in the case of China Jiangsu, this was not the case.
“Critically, evidence came to the fore that though it was a requirement of the Intelligence and Security Service Act to file the findings of a possible threat to national security for guidance by the Central Intelligence Community on what should thereafter be done, the accused, Peter Fana Magosi, never filed any report with the Central Intelligence Community,” the docket reads.
“The issue relating to China Jiangsu International or its director Cui Wanglin as a national security (threat) was never filed with the relevant authority but the accused person took a unilateral decision to label the company as such and proceeded to direct that no government entity should deal with CJI as this would be detrimental to national security.”
Critically, and also worth noting, the docket says that at the time, the accused person had initiated an investigation into suspected corrupt practices by CJI and these had borne no fruit.
“The investigation of corruption does not fall within the mandate of the DIS,” says the docket. “Despite this realisation by his own team, he still proceeded to label CJI as a national threat,” reads the docket.
Regarding the move by Magosi to later revoke the status of national security threat from the company and clearing them, DCEC says the only plausible explanation is Magosi’s perpetuation of abuse of his office and position.
The DCEC investigators further wondered why Magosi withheld vital information relating to China Jiangsu‘s alleged threat to national security from other law enforcement agencies and concluded that he wanted to abuse his power and achieve his ends.
Magosi is on record saying he is innocent and that he is ready to defend himself in court should the matter be processed by the DPP.