DCEC officer, wife tussle with DIS, BPS
Accuses the unit of intimidation
‘Spy unit demand whistleblowers’ names
DIS denies, staff has classified sensitive information on President, DIS, BDF, BPS
‘Officer threat to National security’
ADirectorate on Corruption and Economic Crime (DCEC) Staff Officer has accused the Directorate of Intelligence and Security (DIS) and the Botswana Police Service (BPS) of intimidation and harassment of the corruption agency and its staff.
Tsholofelo Bareetsi, who was arrested sometime back on June 7, 2022 by members of the DIS and allegedly searched without being shown a warrant, says the spy unit had been harassing them prior at the DCEC offices demanding information on their investigation until he was arrested and detained.
In court documents in which his wife, Pleasure Bareetsi took the DIS and the police to court demanding his immediate release from detention, says the constant harassment, intimidation and arrest was allegedly in relation to the ongoing case of suspended DCEC director-general, Tymon Katlholo against the State.
“The events and circumstances of this case are related to the ongoing case of Tymon Katlholo vs Attorney General, in which the DIS was demanding investigation files of the DCEC, ostensibly under national security threat investigation but is not disclosing whether the national security threats relate to the DCEC as an institution, its director, me or the investigations currently undertaken by the DCEC, as if so, which ones in particular,” read the papers.
Further, it has been alleged by the pair that the repeated arrests and detention of Tsholofelo without
just cause, barricading his office was part of the DIS malicious scheme to intimidate and strike fear into officers of the corruption agency.
According to Tsholofelo, it was even surprising that the leadership of the country was silent on the abuse of another State organ and that the silence was deafening.
In his affidavit Tsholofelo pointed out that on the fateful day of his arrest, he had given Martin Dingake a lift from Monthe Marumo Attorneys who was his attorney in a different matter, to his law firm where the arrest took place.
“I was also with my family at the time, wife and children. The DIS followed us using two police cars and one civilian vehicle, which I realised in hindsight, was waiting for the opportunity to arrest me. They tailed us from Monthe Marumo Attorneys law firm. They did this in the presence of my wife and two children one aged 11 years and the other 15 years,” he said.
He explained that he was then moved to DIS offices immediately after his arrest and then moved to Urban Police Station, of which his attorney Dingake made an attempt to consult him but was denied access until June 8, 2022.
Tsholofelo further noted that he was moved again on June 9, back to Sebele and that at the time there was a court order for his immediate release, but the DIS continued to hold him in custody.
“During interrogations, the investigations officers demanded information regarding the files subject to the ongoing court case of Katlholo and AG. I was also questioned further to reveal DCEC’s protected sources and whistleblowers regarding some of the cases I am working on in line with my duties as an officer of the DCEC,” he said.
Additionally contained in the founding affidavit of Tsholofelo’s wife who filed and deposed the affidavit on behalf of his husband and cited as the first applicant against the DIS the arrest of her husband was scary as it took place in her presence and that of their minor kids at the law offices of Dingake Law
Partners. She explained that when Tsholofelo was being detained, he was shown no warrant of arrest nor given any reason for his arrest.
“In essence, he was arrested without a charge and he was still being detained without a charge. My husband was later moved to DIS offices in Sebele with legal access still being denied. I verily state that, Tsholofelo Bareetsi was unlawfully arrested and was being unlawfully detained. He was arrested without a charge,” she said.
Meanwhile, in an opposing affidavit, BPS employee who is seconded to the DIS, Jet Mafuta denied any harassment or intimidation but said the DCEC staff was detained and released within the time frames allowed by law.
He explained that allegations on refusal to grant Tsholofelo to see his legal team was an absolute lie as it would have not been refused and that he was never arrested in front of his kids.
“The suspect was arrested in the company of a man who identified himself as Dingake, the suspect’s lawyer. I explained to the said lawyer that Bareetsi was being taken to the DIS offices at Sebele for interviews relating to an investigation into national security,” Mafuta said.
He also said he explained that Tsholofelo was engaged in actions that threatened the national security of the country as they related to sensitive security information on the President Mokgweetsi Masisi, DIS, Botswana Defence Force (BDF), and BPS therefore, there was legal basis for his arrest.
Mafuta argued that the suspect was detained in terms of the law and released in full compliance with the law without the need for court intervention. On allegations of traumatising the children, Mafuta denied that saying there was no form of hostility towards the suspect or the wife as they also fully cooperated. Also, he denied that there were any questions on the ongoing case and that it was simply fabrication especially that the DIS relies on sources.