DCEC has no official docket for P100 billion case-Salbany
Mpho Mokwape | Monday August 11, 2025 12:21
It has come to light that the DCEC at the time had no evidence regarding allegations of the missing P100 billion, on Wilheminah 'Butterfly' Maswabi cases, and had not submitted any docket to the Director of Public Prosecutions (DPP).
Former DCEC Senior Assistant Director (Anti-Laundering), Joao Salbany, in an interview with Mmegi, clarified that although court filings by the DPP may have appeared to come from the DCEC, 'the organisation never submitted any official docket to the DPP for either case.'
“It ought to be emphasised that the DCEC, despite the court filing purportedly being done under its auspices, did not and had not submitted a prosecution docket to the DPP in respect of either the P100 billion or the Butterfly cases,” he said.
The human rights lawyer, who has since gone back to private practice, explained that the DCEC was waiting for viable evidence from the DCEC’s lead investigator, Jako Hubona, and his team, who had promised to provide it.
However, he said the promises were never fulfilled, the evidence never materialised, and because of that, the DCEC had no basis to send a prosecution docket to the DPP.
Responding to allegations by Hubona in a circulating letter to the Minister for State President, Moeti Mohwasa, which suggests that the DCEC interfered with the Bank of Botswana (BoB), Salbany said: ' The claims are completely false. It was Hubona’s team that instructed the then-Governor of BoB, Moses Pelaelo, not to speak to any other law enforcement agency, especially the DCEC.'
This, Salbany said, has been confirmed through public statements made by the Bank of Botswana.
He also dismissed the so-called evidence presented by Hubona in the letter to the Minister, calling it 'fabricated, distorted, and based on incorrect legal and factual assumptions.'
Even more troubling, he said, was the discovery that crucial evidence that could have helped the accused was deliberately kept from the courts.
Salbany pointed out that allegations that Butterfly was living beyond her means were also rejected and that they never authorised that investigation, which was conducted unlawfully and later proven to be false.
“The same applies to the financing terrorism allegations made against her, which the DCEC said did not follow legal procedures required under Botswana’s Counter Terrorism Act. These claims, too, were eventually found to be baseless,” he said.
On the Hubona’s claim that the DCEC set up a parallel team to undermine his investigations, the former senior director said it was not true and that their concern as a team, which included Tsholofelo Bareetsi, Moses Tshelwane, Keene Dick, and Lebogang Moshasho, was that unauthorised investigations were being done in the DCEC’s name, using falsified evidence.
According to him, their team’s role was to verify whether the evidence being provided by Hubona’s team was credible.
Salbany firmly denied all of Hubona’s accusations, calling them false and malicious, and believes the claims are a tactic to distract the public from Hubona’s actions.
As stated, information in the public domain would show that 'all the allegations Hubona makes in respect to the P100 billion case and against my team and me are false, malicious, and are an attempt to deflect attention from his conduct. I categorically deny all Hubona’s allegations leveled against myself and as their supervisor, my entire team. I find it gravely concerning that Hubona has the gall to make such allegations knowing full well the detriment he caused to the lives of individuals within the DCEC (let alone those who were accused), their families, law enforcement, and Botswana as a whole.'
On Hubona's claims of DCEC deliberately opening a file under assessment number 750/2019 to aid and abet the suspects in the Bank of Botswana missing funds and the top brass taking advantage and capitaliseing on the whole drama as there was a fallout between DCEC top brass and some parties , Salbany declined to give any information.
He explained that he was constrained from giving more information on the specifics of the allegations.
“Please note that I am constrained to delve into specifics of the allegations in assessment number 750/ 2019 and or 508/ 2019, as to do so would fall foul of section 44 of the Corruption and Economic Crime Act. I would therefore refer you to the Director General of the DCEC, in respect of issues about those investigations,” said Salbany.
Salbany, however, explained that he and his team were directed by the then Director General of the DCEC, Brigadier Joseph Mathambo to, amongst others, related investigations, access the legality and weight of the purported evidence gathered by Hubona and his team after serious concerns arose in respect of the criminal charges leveled against Maswabi during her bail proceedings.
About setting the record straight regarding what really transpired with the P100 billion allegations, he lamented that he was constrained by law to discuss specific details as to the investigations and what transpired in the case, referring Mmegi to the DCEC for clarity.
Asked if he and his team plan to sue Hubona, Salbany said: “Speaking for myself, I have taken this consideration under advisement and reserve my rights. I assume my team is doing the same.”
In conclusion to the whole Butterfly saga, Salbany said he believes that the government would not have settled the lawsuits of ambassador Bridgette Motsepe and Maswabi had it not considered all the evidence in its possession, including that which Hubona refers to in his letter, analysed it, and found it wanting and failing to meet prosecutorial muster.
Meanwhile Hubona who have been under the spotlight as the lead DCEC in the Butterfly being accused of fabricating evidence that implicated the likes of former president Ian Khama and the South African businesswoman, Brigette Motsepe has been clutching at straws to clear his name.
In his many attempts to do so, Hubona on April 10, 2025 wrote a letter to the Minister of State President crying of unfair treatment and public calls for his prosecution.
In the letter, Hubona complains about growing harassment and intimidation by different persons, especially some elected Members of Parliament during Parliament sessions, private radio stations, media, colleagues in the DCEC and some people he is currently and/or he have investigated them before and their associates.
“I have exhausted all internal grievance procedures through my previous and current superiors starting from DCEC to the Office of the President and I am met with silence,” he said.
He wants the government to protect him as is its duty after explaining what happened with the Butterfly investigations including accusing DCEC of deliberately opening a file under Assessment Number 750/2019 to aid and abet the suspects in the Bank of Botswana suspected missing funds case.
According to his letter the intention of the DCEC was to frustrate the investigations, thereby protecting the suspects and their associates from any impending possible criminal proceedings.
“Each time when we go for mentions, we found ourselves ambushed by the Defence, requesting for further particulars because of interference of the DCEC in prosecutorial matters and in ongoing investigations,” he said.
Hubona’s cry is that in his capacity as an investigator, he happened to be investigating some cases which are now of public interest due to inadvertent leakages to the media and meddling and interference in the investigations by some people who have vested interests.
He said the cases have proven a thorn in his flesh that refuses to leave me and my family and that it has negatively affected his life and that of his wife and children to the point that they are almost being ostracized by society in general.