Air Botswana probe sparks legal showdown between DIS officers and Magosi
The Directorate of Intelligence and Security’s (DIS) 2024 investigation into alleged maladministration at Air Botswana continues to destabilise the troubled airline.
The probe led to the suspension of several officers after they questioned Director General Peter Magosi’s involvement, citing a conflict of interest.
Suspended officers Paul Setlhabi, Kuda Malikongwa, Mpho Molokwane, and Sebuweng Mukani now seek contempt orders against Magosi and 14 disciplinary board members, demanding their arrest and 90-day imprisonment for defying a December 2024 court ruling.
That order barred the DIS and police from unlawful arrests, searches, and disciplinary proceedings without judicial warrants.
The officers argue their fair hearing rights have been violated: they were denied witness lists, investigative reports, and even the ability to consult fellow employees for representation.
They contend the charges fall outside the investigation’s terms of reference and accuse both Magosi and the Permanent Secretary to the President of acting beyond their legal powers in ordering the probe.
In his affidavit, Setlhabi maintains that Magosi was interdicted from pursuing disciplinary charges pending judicial review, yet continued in defiance of the court. He says this unlawful conduct has caused severe distress and undermined their constitutional rights.
Court records further show that Permanent Secretary Emma Peloetletse acted ultra vires in ordering the investigation, a power reserved for the President or the Director General in the absence of conflict.
Justice Bonolo Makhwe ruled in May 2024 that maladministration at Air Botswana does not fall under DIS’s national security mandate, reinforcing the officers’ claim that they are being subjected to an unlawful process.