Former DCEC director, Tymon Katlholo defends the agency’s practice of naming only convicted bribe recipients and citing legal constraints, and witness protection
SESUPO RANTSIMAKO
Former Director of the Directorate on Corruption and Economic Crime (DCEC), Tymon Katlholo, has dismissed claims of malice following public concerns over recent DCEC press releases that name only convicted recipients of bribes, leaving out those who offered the illicit payments.
The practice has prompted public debate, with some questioning why only the receivers of corruption-related payments are “paraded,” while the givers remain unnamed.
Speaking to The Botswana Gazette, Katlholo emphasized that there is no malicious intent behind the approach.
“Though tactically both parties are guilty of corruption in most cases, those who offer bribes often become witnesses and therefore cannot be demonized,” he said.
He added that the position of the perpetrator is also taken into account, explaining that individuals in sensitive or high-ranking positions who receive bribes are more likely to be publicly identified.
LEGAL GUIDANCE GOVERNS DISCLOSURES
DCEC spokesperson, Otshepheng Otlaadisa clarified that publicizing convicted individuals is guided by law. Section 42A of the Corruption and Economic Crime Act allows the court, upon conviction for certain corruption offences, to order that the particulars of the convicted party, along with the conviction and sentence, be entered into the register maintained under the Public Procurement Act.
In cases involving corporate entities, the law permits the inclusion of directors, managers, or persons exercising control over the entity who were involved in the offence.
INVESTIGATIONS AND PROSECUTIONS
Otlaadisa explained that when allegations or suspicions of bribery arise, the DCEC conducts thorough investigations and gathers evidence. Upon completion, cases are referred to the Director of Public Prosecutions (DPP), who decides whether criminal charges should be instituted and against whom.
“The decision on who to charge rests entirely with the DPP,” Otlaadisa said, clarifying why those offering bribes are not immediately publicized.
BALANCING TRANSPARENCY AND LEGAL INTEGRITY
The DCEC’s approach seeks to balance public transparency with legal constraints, ensuring that while the guilty are held accountable, the integrity of investigations and potential witness testimony is preserved.
Katlholo emphasized that the strategy is tactical rather than punitive, aiming to safeguard ongoing investigations while fulfilling legal obligations to inform the public of convictions.
As Botswana continues to strengthen its anti-corruption framework, the debate over publicizing bribe givers versus recipients highlights the delicate balance between transparency, justice, and the effective prosecution of economic crimes.