The Village Chief Magistrate Lot Moroka, state counsel Dolly Mutjetjeja and defence attorney Themba Joina were not available and the case was mentioned before magistrate Ephraith Ndegwa who ordered that the state be informed of the developments.
This is the second postponement of the case. The first postponement was on November 28 last year. It was necessitated by the unavailability of Mothusi's lawyer, Joina, who was unable to come to court as his son had passed away.
Moroka has ruled that Mothusi has a case to answer after he acquitted and discharged lawyer Tengo Rubadiri, who was initially charged with him.
Rubadiri faced a single count of receiving stolen property. He was alleged to have received a prisoner's docket from Mothusi which he knew or had reason to believe was stolen.
Rubadiri was at the time representing Mothusi in a criminal trial in which he (Mothusi) and another lawyer, Herbert Sikhakhane, were charged with obtaining more than P1m fraudulently from the government between 2003 and 2004.
In the current case, Mothusi is accused of corruptly offering to reward Akofang Moasetso, a former prison warder, to unlawfully obtain a prisoner's docket belonging to Philemon Malekane, a former inmate at Kasane Prison.
It is alleged that at around the same time, Mothusi knowingly and with intent to mislead, made false entries into Malekane's docket and through his lawyer, Rubadiri, attempted to tender it in court as evidence in a criminal case.In the graft case, Mothusi was sentenced to 18 months in jail and ordered to pay P1.1 million as compensation to Barclays Bank while Sikhakhane received a six-month jail sentence.
The case involved fraudulent withdrawal of money from MVA and Botswana Life Insurance accounts held with Barclays Bank. The duo was then granted bail pending their appeal against both the sentence and conviction.
