Butterfly case could return to court – DPP

Spira Tlhankane | Wednesday May 21, 2025 06:35

The case involved damning accusations against Directorate of Intelligence and Security (DIS) agent Wilheminah 'Butterfly' Maswabi for her part in the P100 billion alleged to have been smuggled out of Bank of Botswana coffers.

State organs, the Directorate on Corruption and Economic Crime (DCEC) and the Directorate of Public Prosecutions (DPP), were at the time fingered for fabricating evidence not only against Maswabi, but also former president Ian Khama and South African entrepreneur Bridgette Motsepe.

Speaking before the Public Accounts Committee (PAC) sitting recently, Moatswi clarified that the controversial case was withdrawn with liberty to reinstate.

“The case isn't currently active in court, but the prosecution has been given the chance to withdraw the matter. If they reach a point where they feel that the case is ready to return to court, they will bring it back,” she told the PAC.

Moatswi was responding to a question from PAC member and Serowe South legislator Leepetswe Lesedi, who had asked if the case was withdrawn forever.

The DPP head indicated the case is not open-ended but rather depends on the investigations.

“As the DPP, we take matters to court relying on the evidence we receive from law enforcement. So if the DPP doesn't have sufficient evidence to continue with a case in court, it will withdraw the matter and then await the conclusion of investigations,” Moatswi said.

She added if the investigations on the case bring compelling evidence, they will go back to court.

Moatswi also clarified that there is no timeframe for returning the case to court, but indicated that the Constitution stipulates that a person has to be tried within a reasonable time.

She said there is an issue of sub judice and that people are not free to talk about the issue because the civil aspect of it is still before the courts of law. Moatswi said it is only the criminal part of the Butterfly case that has been removed.

Last year, former Minister of Defence and Security, Kagiso Mmusi, told Parliament that there is no need for the State to apologise or pay Maswabi compensation, especially that investigations were still ongoing.

“There is no basis for the State to either apologise or pay anyone compensation. Investigations are ongoing and crucial information is being sought, the state is keeping its distance and will never interfere with investigations,” Mmusi told Parliament then.

The background of the case is that in 2019, Maswabi was arrested at one of the spy unit's offices located at the Commerce Park area in Gaborone and taken in for questioning, then later suspended.

Following her suspension, she had a back-to-back legal battle with the State up until 2021, when South African Afriforum Advocate Gerrie Nel advised the State to drop her charges due to a lack of evidence.

Passing judgment on the case four years ago, Justice Zein Kebonang declared that the allegations and accusations against Maswabi were fabricated and outright false.

The judge also declared that the accusations contained in the opposing affidavit of DCEC investigator Jako Hubona to the effect that Maswabi is a signatory to various bank accounts held in various South African commercial banks under companies called Blue Files and Fire Files with a total balance in excess of $10 billion were fabricated and are outright false as such accounts do not exist and the said companies are also non-existent.

Kebonang went beyond just dropping the case; he found fault with two senior public servants and recommended that action be taken against them.