Masisi, Magosi implicated in unlawful procurement of Karakul Sheep

 

President Mokgweetsi Masisi and Directorate of Intelligence and Security (DIS) Director General Peter Magosi have been implicated in the unlawful procurement of Karakul sheep from Uzbekistan.

The duo is said to have instructed a senior DIS officer, Kuda Portia Malikongwa to bypass all the government procurement processes and buy the sheep. Malikongwa is currently on suspension allegedly for refusing to execute the instruction.

Documents filed with the court by Malikongwa’s attorney Kgosietsile Ngakaagae state that the arrest and detention of Malikongwa was intended to frustrate and punish her for refusing to perform a clearly corrupt transaction ordered by Magosi whereof he had verbally ordered (over the phone at the time he was in the presence of the potential service provider) her to ensure the purchase, with state resources, of farm animals, namely Karakul sheep, from among other countries, Uzbekistan.

He said Malikgongwa was instructed to bypass all government procurement procedures and reporting lines.

“The supplier, in the corrupt and unlawful transaction, was an Afghanistan national with existing contractual ties to the 2nd Defendant.

“The 2nd Defendant's Director General specifically ordered the Plaintiff that no one should know about the procurement and that the Attorney General, the Permanent Secretary of State President, as well as her immediate superior, Director Legal - Pulane Kgoadi, were to be kept in the dark about the transaction.

“The sheep were to arrive at a location to be disclosed by the 2nd Defendant's Director General,” the papers read.

Magosi is said to have disregarded the fact that Malikongwa’s role was not to procure but to draft contracts and ensure compliance. She is said to have refused to perform the order leading to

frustration on the part of Magosi and severe tongue lashing(s) by him.

“The 2nd Defendant's Director General refused to give any written mandate for the instruction and further refused to follow both internal procurement procedures, national and international laws.

“The 2nd Defendant's Director General, stated that the unlawful and unprocedural procurement of the Karakul sheep had been ordered by the President, H.E. Mokgweetsi Keabetswe Masisi, and that the procurement had not been executed due to financial constraints.

“He further instructed that only the Directorate's Chief of Staff should know about the transaction,” Ngakaagae said in the papers dated 25th October 2024. He said Malikongwa was provided by Magosi with, and in fact met with external agents appointed by the Director General to facilitate the procurement.

As a result of the Plaintiff's stalling which in fact was a refusal to perform the corrupt and unlawful instruction, the 2nd Defendant removed her from the contract and allocated it to a junior officer to ensure its conclusion further bypassing the Head of Legal, he said.

He added “the Plaintiff was involved in an investigation into the possible breach of aviation safety and laws at Air Botswana which breach put Batswana at risk.

“In the course of the investigation the name of the 2nd Defendant's Director General was mentioned leading to him being a person of interest in revelations of possible breach of procurement procedures and due diligence in aircraft that Air Botswana were procuring.

“The Plaintiff was immediately removed from the investigations by the 2nd Defendant. A baseless accusation of 'leaking' was then made against her.”

Ngakaagae indicated that it is specifically averred that prior to the afore-going, differences between Magosi and Malikongwa had already existed. He said Malikongwa was continually required by

Magosi to draft and execute contracts which were clearly irregular if not downright unlawful.

“In the course of the Plaintiffs service, she became aware that the 2nd Defendant's Director General was meddling in procurement matters regarding other government departments or agencies instead of playing an advisory role within statutory limits.

“The Plaintiff raised objections to irregular conduct regarding projects and procurement such as where contracts were finalised without engaging her or the Director-Legal.

“On account of that the Director General no longer had a good working relationship with the Plaintiff and no longer wanted her in the 2nd Defendant.”

Ngakaagae stated that Malikongwa further avers that Magosi had a habit of putting service providers on site before any procurement process was followed and then ordering the drafting of retrospective contracts to which conduct she verbally objected.

On many occasions the 2nd Defendant's Managing Director would allege that the contracts were ordered by 'bagolo' (elders), he said adding that Magosi’s failure to consult on legal matters has cost government a lot of money especially in legal matters.

As such the Plaintiff was often called simply to clean up where there was a problem.