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Former subordinate takes stand against Moagi

Moagi, sat quietly in the dock while one of his former subordinates took the stand
 
Moagi, sat quietly in the dock while one of his former subordinates took the stand

Prosecutors state in the charge sheet that the former Gamalete legislator, on or about April 17, 2024, accepted P4.7 million from New Energy Company Pty Ltd via Wisecreatives Investments Pty Ltd. They argue this was a reward for issuing prospecting licenses in Gantsi, Tsabong, and Tutume to New Energy. In the second case, Moagi faces two counts of corruption and money laundering. As the trial for the charge commenced this week, Matlhogonolo Samuel, the deputy director responsible for prospecting and licensing in the Department of Mines, appeared before Regional Magistrates as the State witness against his former boss.

Samuel methodically explained how applications by New Energy (Pty) Ltd moved through the department before eventually landing on the minister’s (Moagi) desk for final approval. The deputy director said he became involved in the matter after being approached by investigators from the Directorate on Corruption and Economic Crime (DCEC) in October 2025. Following discussions with investigators, he searched the department’s Mining Cadastre System and confirmed that New Energy had been granted prospecting licenses in Gantsi, Tsabong, and Tutume districts. “I found the company name on the system, which had taken the prospecting licenses,” Samuel testified. He told the court that six licenses were approved on August 5, 2024, and the other two on September 11, 2024. Asked by prosecutor Ambrose Mubika whether he played any role in the processing of the applications, Samuel affirmed. “Yes, I was involved in the process. I made the recommendation to the director of the Department of Mines,” he said. He explained that applications were subjected to several layers of scrutiny before reaching the minister.

“The director also had to make his own assessment before he made the recommendation. The director then made the recommendation to the minister,” Samuel said.

When the prosecutor asked the witness who the minister was at the time, Samuel confirmed that it was his former boss, Moagi, clad in a blue suit and brown shoes, sitting in a dock as a lone figure.

The witness emphasised that although technical officers and the director made recommendations, the final decision fully rested with the minister on whether to accept or reject the application. Pressed further on whether the minister was obliged to follow the department's recommendations, Samuel maintained that the minister retained discretion to approve or reject the applications.

To show that the discretion lay with the minister, Samuel said that without Moagi’s signature, the certificates would have been invalid. “Without a signature of the minister, there is no license,” he said.

The court also heard evidence regarding declarations of interest in the licensing process. And the witness said no official in the department declared any interest relating to New Energy. Questioned on the process of declaration, Samuel said: “If I had an interest in any company, I would declare to my director,” he said. Regarding the minister, he added: “I think he declares to his superiors or the director or those directly reporting to him.” Under cross-examination by defense attorney Tango Rubadire, Samuel agreed that New Energy’s applications went through the department's normal processes and were found to be compliant. “Yes, they were,” he said.

He further acknowledged that once licenses are issued, it means the company has satisfied the department’s requirements. “Yes, if we issue, it means the company is compliant,” Samuel told the court. As Moagi listened from the dock, the testimony painted a detailed picture of a process that once flowed through his office when he held all the ministry's powers. The same officials who previously reported to him are now key witnesses in a case that could determine his political and personal legacy. Ironically, upon completion OF his testimony, Samuel did not rush out of the courtroom but stayed around until the court was adjourned for a break. During that break, Samuel and Moagi embraced, conveying a sense that there is no bad blood between them.

The trial is set to continue with the cross-examination of Investigating Officer (IO) Ngiye Ngiye today (Friday)