The Director General of the Directorate on Intelligence and Security Services (DISS) Isaac Kgosi told the Public Accounts Committee (PAC) Tuesday that on operational matters he does not consult either the President, Vice President, Minister or any other persons.
He also indicated that there is no management committee within the DISS that the Director General is compelled to report when he is administering special funds such as disbursements from NPF.
“I do not report operational issues matters to the President, Vice President or any Minister or any members of the Executive. I am the Director of the DIS and I take responsibility for its activities,” said Isaac Kgosi, Director General of the Directorate on Intelligence and Security Services (DISS).
It also emerged that none of the public officers consulted by Isaac Kgosi to vary disbursements from the NPF were empowered to do so. Ndaba Gaolathe, PAC member and Gaborone Bonnington South MP was not able to get the spy chief to reveal whether immediate past President Lt. Gen. Seretse Khama Ian Khama was aware of request for variation.
“Whatever I discuss with any of my principles I cannot discuss here,” charged spy chief Isaac Kgosi.
Gaolathe nevertheless sought guidance from Kgosi on whether given the gravity of the situation incumbent President Mokgweetsi Eric Keabetswe Masisi was aware of request for funds from NPF. Kgosi said he didn’t discuss operational issues with his principles and he considered the disbursement of funds for self storage fuel units operational issues.
“I think that if my current memory serves me well the current President was inaugurated on the 1st April 2018. And this matter happened in 2017,” retorted Kgosi.
He was however reminded that Masisi could possibly have acted as President during the period covering the NPF disbursements. Gaolathe said that, “The current president was inaugurated on that date but he existed before that date as vice president. It is also possible that during certain periods he would have assumed the Presidency. He would have acted as President during certain times.”
Gaolathe insisted that investment in storage fuel facilities was a strategic and not an operational issue.
“I do not report operational issues matters to the President, Vice President or any Minister or any members of the Executive. I am the Director of the DIS and I take responsibility for its activities,” said Kgosi.
According to Chapter 54:01 of Botswana Laws dealing with Finance and Audit, a Special Fund shall be kept in separate accounts by the Accountant-General or, where by virtue of any written law some other public officer is responsible for the administration of the Fund, by that other public officer.
This is provided that it shall be lawful for the Accountant-General to keep the accounts on behalf of any such other public officer. It has however emerged that the Accountant General and Auditor General knew nothing about the existence of P250million disbursements from the National Petroleum Fund.
Under section 18 of the Finance and Audit Act, dealing with contingency funds the President may also by warrant authorize advances from the Contingencies Fund in such amounts as may from time to time be necessary to meet an urgent and unforeseen need for the expenditure of public revenues.
This is provided that the total value of warrants issued in any financial year and not yet replaced under the provisions of subsection (3) shall at no time exceed the total of the Fund.
“There is no need for special dispensation for disbursement,” observed Kgosi.
It was therefore not clear why the disbursements were not made directly from fund to DIS and it is not clear why account opened was not reported to the accountant general as required by law.
According to Isaac Kgosi in June 2017 a study was done by DISS and a requisition was made and after the funds were disbursed DISS asked for variation. He however refused to be drawn into details.
This is so because of the P250million DIS requested Kgosi acknowledged the spy agency used P110-130million. He however refused to indicate what was done with amounts paid.
“Once everything was done and deliveries taxes are paid. At the moment I cannot say how much tax was paid,’ said Kgosi.
According to Tati East legislator Samsom Guma Moyo taxes ought to have been paid for the BURS items which have already been delivered. This was alledgedly never done according to records.
It couldn’t go through the PPADB and concerns were raised over 20% management fee charged by asset management company acting as custodians of the funds disbursed from NPF.
“The administration of the funds was between entity and the Ministry of Minerals I cannot comment on that one,” said Kgosi.
Money from the consolidated fund follows set process. NPF funds are not managed by the Government. They therefore do not follow government processes revealed the spy chief.
“My thing is that internal processes at DIS are followed to the letter,” said Kgosi.
DIS Boss refused to comment on savingram dated 7th August 2017 requesting funding for petroleum storage facilities and P250m ringfenced from petroleum fund with Kgori Capital under auspices Bakang Seretse, who is now facing litigation arising out of his actions.
An instruction was later made for payment to be made to Khulaco by Kgosi. He however claimed that he did not know anything about processes in other Government Departments and did not make it his business to know. This is the second time DIS disbursement were made from the NPF.
The Attorney General was unsure could not give advise on legality of DIS Bosses claims that he could not discuss certain issues because they were sub judice. Gaolathe asked if there was a procurement process.
“I cannot comment on this because it is a matter before court,” said Kgosi.
Kgosi said assets purchased with money from NPF are not here in Botswana. Kgosi however refused to discuss issue of whether or not invoices were submitted saying it was before courts. Gaolathe sought clarification on whether funds allocated matched disbursements.
“I request I do not answer that question,” said Kgosi.
Whatever is administrative Kgosi said DISS will brief any oversight committee but accountant general knew nothing about the P250million despite an obligation on DISS to inform her office. He said he did not need approval from any oversight committee for procurement of military equipment.
The PAC Chairperson Dithapelo Keorapetse who is also the MP for Phikwe West MP revealed that his Committee has resolved to write to the Speaker of the National Gladys Kokorwe to invoke section 13 of the standing orders of the National assembly to compel Kgosi to answer questions because of his refusal to cooperate with the committee.
According to section 13(2) of standing orders anybody who when ordered to attend or to give evidence or to produce any paper, book, record or document before any committee refuses to answer any question that may be put to him the Speaker may order the answering or production thereof.
