Umbrella for Democratic Change (UDC) led by Duma Boko plans to institute court proceedings against Directorate of Intelligence and Security (DIS) director general, Isaac Kgosi and others.
The legal action is for an order to declare that the P250 million payments from the National Petroleum Fund (NPF) relating to the acquisition of security equipment and surveillance platform be made invalid.
Businessman Bakang Seretse, Botho Leburu, Kenneth Kerekang and Khulaco Pty Ltd have since been charged with a single count of money laundering, contrary to Section 47 of the Proceeds and Instruments of Crime Act.
The particulars of offence in the charge say, “The accused persons on date unknown to the prosecution but between the September 5, 2017 and November 27, 2017 in Gaborone, acting jointly and with common purpose received, possessed, disguised and deposed of P250,000,000 knowing or suspecting or having reasonable grounds to know or suspect that the money was derived or realised in a whole or in part, directly or indirectly from the commission of a confiscation offence, to wit, theft”.
In a statutory notice dated February 21, 2018 handed to the Attorney General, Kgosi, former director of energy in the Ministry of Minerals, Energy and Water Affairs, Kenneth Kerekang and Dr Obolokile Obakeng the Permanent Secretary in that ministry, the UDC made its intention known that it will approach the court for an order directing Kgosi to reimburse to the NFP of all or any amounts paid to his directorate at instance of his directorate from the NFP a sum of P250 million or a portion thereof relating to the acquisition of security equipment and surveillance platform and petroleum storage facilities.
“…An order declaring as unlawful and null and void all payments made from the National Petroleum Fund at the instance of Mr Isaac Kgosi in his capacity as the director general of Directorate of Intelligence and Security as per savingram dated 23rd October 2017 and related savingrams and/or in his personal capacity and/or by Obolokile Obakeng in his capacity as acting Permanent Secretary Ministry of Resources, Green
Dingake also says they will pray for an order declaring as unlawful and null and void and in contravention of the Public Management Service Management Act and alternatively the NPF established under Section 25 of the Public Management Act the decision to effect all or any payment in respect thereof, a sum of P250 million or portion thereof relating to the acquisition of security equipment and surveillance platform and petroleum storage facilities.
He also wants an order directing Obakeng or alternatively the Permanent Secretary in the Ministry of Finance and Development Planning to provide an accounting in respect of “all deposits made into the National Petroleum Fund since its inception; an accounting in relation to each of the transactions accompanied by all or any vouchers relating to any such disbursements and the purpose of each any disbursements made in respect thereof”.
The UDC also wants an order declaring all or any such payments as would have been made and in consistent with the order establishing any such NPF as unlawful, illegal and null and void.
And an order directing that any such person or persons as would have received payment contrary to the terms of the NPF Order to return such payments within 30 days of the date of the court order.
It also prays for an order declaring that all the transactions as identified in this dispute were done contrary to the Public Procurement and Asset Disposal Board and consequently null and void. It also wants cost of suit against any party opposing the claim.