Skeletons tumble in the Mhlauli case

GIDEON NKALA
Staff Writer | Wednesday August 8, 2007 00:00

In his evidence in chief, Oremeng narrated how Mhlauli hatched a plan to award a plot in the area popularly known as 'Riverwalk', conjuring up a tissue of clandestine means including cooking up documents and fabricating events.
Oremeng told the court that he was the first person to apply for the piece of land as he applied in October 21, 1997.

 
He said first he approached the department of lands to inquire about the suitability of the area to accommodate a shopping mall. He said after some positive preliminary discussions with the department officials, he was given the go-ahead to submit his application.
Oremeng told the court that in January 1998, he got a call from Mhlauli, who was then the permanent secretary in the ministry of local government,  lands and housing, inviting him to his office for a meeting.

'He told me that he had seen my application for the piece of land and told me that he had the power to recommend that this land be given to me, provided we jointly own this piece of land.
'I refused and told him that this would amount to corruption. I then left his office in suspicion,' Oremeng told the court, adding that he feared that Mhlauli could jeopardise his chances of getting the plot.

Soon after the unceremonious meeting with Mhlauli, he arranged a meeting with the then Director of Lands, Victor Rantshabeng, to find out more about his application.
'Rantshabeng told me the bad news. He told me that Mhlauli had instructed 'Majingo', a lands officer, to award the land to Eddie Norman.

 
'Rantshabeng told me that he would however intervene since I had applied for the land before Eddie Norman and under the  'first come-first serve' rule this was wrong'.
After sometime, he said he learnt that indeed the plot had indeed been awarded to Norman.

'I wrote an appeal to the minister. Instead of getting a response, I got information that the second allocation had been made once again to Norman. I also heard of a third allocation in the area was made to Norman as well. I wrote an appeal to minister Jacob Nkate'.

Around this time, Mhlauli made further advances on Oremeng using different tactics. According to Oremeng, Mhlauli had driven all the way to meet Oremeng at his home village in Thabala.

 
In his preface, Mhlauli confessed to depriving him of a plot and instead awarding it to Eddie Norman. According to Oremeng, Mhlauli revealed to him that the plan was that both Norman and Mhlauli would develop the plot or sell it, but unbeknown to him, Norman sold the plot for P 3 million and never gave Mhlauli his share.

 
This was not the end of Mhlauli's sojourn to Thabala. He wanted Oremeng to help sue Norman so that they could get back the land from Norman, the allegations say.
Although Oremeng said he initially refused the offer because he feared the consequences in the event that they lost the case, he eventually agreed when it was revealed to him that all costs would be taken care of.

'He told me he had a financier who was prepared to pay the legal costs, pay him P100, 000 at P20, 000 monthly installments and pay legal costs in case we lost the case,' he said. When these conditions were met, he was prepared to go to court and sue in his name.

However, he was still interested in knowing who the mysterious financier was and how the case would be won.
It took a drive to a Mmamashia thicket where the plan came to life.
'In his (Mhlauli) grey BMW, we drove past Mmamashia, turned left and took a second left, went past a big white house and parked in the bush. From the boot of his car, Mhlauli emerged with two bulky files.

 
'From one of the files he brought a memo, M4, which recommended allocation to Norman. Above the minister's signature, Mhlauli inserted the following words. 'We discussed with Mr Eddie Norman to accommodate Mr. Oremeng''
Mhlauli removed another file in which he backdated a letter to June 3, 1998. In this letter, he stated that I had met with Eddie Norman in Mhlauli's office. This, he told court, was false. ' I had never met Norman until today in court'.

Oremeng also informed court that Mhlauli, although he had retired from the civil service, was able to access official files through one deputy permanent secretary in the ministry.
When the letters had been cooked, they drove to the office of a man identified as the financier, Goolam Abdullah, who, the court was told, was the owner of Game City.
At the offices of Goolam, it emerged that Goolam was agreeable to fund the intended suit against Norman, pay Oremeng P 100 000 and in case of a loss pay legal costs for the other party.

'But I was informed never to personally phone Goolam. The arrangement was that Mhlauli would handle everything including collecting my monthly P 20,000. We went to Monthe Marumo attorneys and the case was launched.

As part of launching the case he said he had to write a founding and an answering affidavit in which he made certain claims, including that he had met Eddie Norman. He told the court that the information contained in the affidavit was a mere fabrication.
The case against Norman came before the High Court and Oremeng, who was the plaintiff ost with costs.

According to Oremeng, the costs were in the range of P262, 000.
This is when everything turned awry for Oremeng who claimed that he was persuaded to launch a court action under a false pretext.
'Goolam was reluctant to pay. The deputy sheriff started chasing me. I started chasing Mhlauli and I believe he chased Goolam for the money to pay the bill'.

It was when Norman applied for civil imprisonment that Oremeng confronted Mhlauli that he was now prepared to spill the beans.
After a while, Oremeng claimed that he together with Mhlauli was summoned to the offices of Goolam's attorneys, Armstrongs.

'I was asked to sign an affidavit absolving Goolam and Mhlauli and the agreement was that they would then settle the costs.
' I signed it, but they did not pay and it was at that point that I wrote a letter rescinding the affidavit,' he said.

' It was a clear condition that your clients pay the costs that are due and your client's failure to pay the costs that are currently being claimed from me is a breach of the condition precedent for the validity of the affidavit.  I hereby give notice that this affidavit is a result of the non-payment.  The agreement is null and void and of no force and effect', he said in the rescinding letter.

Oremeng told the court that at one point, Mhlauli told him that Goolam wanted to kill him because he was persisting with the allegation that it was he who pushed him to institute what became an unsuccessful suit.

However, at a meeting held at the DCEC's director, Tymon Katlholo's office and attended by Goolam, Patrick Balopi, Kagiso Mmusi and Oremeng, he denied ever making the threat.
The case continues today when Oremeng faces cross-examination from Advocate Van Zyl instructed by Kagelelo Monthe of Monthe Marumo attorneys.
Wesson Mancwe is prosecuting and Gaborone Village Chief Magistrate, Lot Moroka, is presiding.