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Thiite mere Zakhem front in Zakhem P272.3m tender scandal

Thiite and his company are accused of corrupt practices alongside Zakhem. PIC PHATSIMO KAPENG
 
Thiite and his company are accused of corrupt practices alongside Zakhem. PIC PHATSIMO KAPENG

The case involves 12 counts ranging from obtaining by false pretences to money laundering. The former legislator and his company Thiite Rubble Screeners (Pty) Ltd were arraigned before Regional Magistrate, Mareledi Dipate on Thursday alongside his co -accused; Kagiso Nthaga, Tumelo Mbaiwa, Portia Gilika and Haas Consult Southern Region Africa (Proprietary) Limited.

Zakhem, who has been listed in the charge, was not present in court as the Directorate on Corruption and Economic Crime (DCEC) and could not serve him with summons as he was reportedly out of the country.

At the centre of the 12 counts levelled against the co accused persons is the claim that Thiite Rubble Screeners, a citizen owned company represented Thiite himself, was used to secure the lucrative government tender.

This is despite allegedly acting as a front for Zac Construction, which is not citizen-owned and therefore did not qualify to bid under the tender requirements.

According to the lengthy charge encapsulating the 12 counts, on count one of obtaining by false pretences, Thiite and Zakhem allegedly acted together in concert to defraud Botswana government P272.3m from the Central District Council (CDC).

The charge sheet records Thiite’s tender bid to some extent qualified for the tender but..... “The references they submitted in support of their bid to the tender were genuine when in fact and in truth same were false in both form and substance in that the same references were forged documents and also, they had never done the purported work for China State Construction & Engineering Corporation,” reads the charge sheet.

As per the charge sheet, the forged letter of intent to provide a performance bond and advance payment guarantee that was submitted in support of their bid, and in order to sign the contract was genuine wherein they knew that the same was false in both form and substance.

Prosecutions allege that Thiite was merely fronting for Zakhem in the whole tender scandal.

“Thiite Rubble Screeners were the lawful beneficiary of the tender as a citizen owned company as was required by the invitation to tender whereas in fact and truth, Thiite Rubble Screeners were merely fronting for Zac Construction, who were not qualified to bid on account of the fact that they were not citizen owned company which representatives knew to be false and fraudulent,” reads the charge sheet.

On count two, former Ban ABC employee, Kagiso Nthaga is charged with making documents without authority. It is alleged that the former Ban ABC employee, in January 30, 2017 with an intent to defraud government without lawful authority or excuse did make and sign a false document in writing, to wit, a letter of intent to provide performance bond and advance payment guarantee in favour of Thiite Rubble Screeners. In count three, Thiite, Zakhem alongside Tumelo Mbaiwa face a charge of cheating, where they are alleged to have inflated prices to their advantage in the Tutume tender dispute.

“The accused acting together and in concert, on or about May 2018, by means of fraudulent device, namely, the intentional inflation of interim payment certificate no. 6 in the Tutume infrastructure project, inflated the aforesaid payment certificate by an amount of P5 276 223.54 which amount represented the difference between the actual payable amount of P8 733 442.66 and the inflated amount of P14 009 666.20 , that in fact the government of Botswana paid to the second accused (Thiite Rubbles), thereby causing an actual financial prejudice of P5 276 22.54,” read the charge sheet.

Mbaiwa faces yet another charge of corrupt practices in count four. Being an agent of Haas Consult, he is alleged to have corruptly accepted for himself valuable consideration in the sum of P30 000 from Zakhem and his company as a reward for inflating an interim payment certificate no 6. Meanwhile, Gilika, a colleague Mbaiwa at Haas Consult faces a similar charge in count six. It is alleged on September 13, 2017, she was tasked with the responsibility to evaluate and recommend the suitable candidate for the aforesaid project, corruptly accepted for herself valuable consideration in the sum of P100 000 from Zakhem and his company as a reward for recommending Thiite Rubble.

On count eight, Haas Consult company represented by Gilika faces a similar charge of corrupt practices. It is alleged that the evaluation company received P250 000 from Zakhem for having favorably evaluated and recommended Thiite Rubble as the suitable candidate for the Tutume project. For count nine, Thiite and his company are accused of corrupt practices alongside Zakhem, on having acted together on October 23rd, 2017 and corruptly gave P250 000 to Haas Consult to favour them when evaluating bids and overseeing the implementation of the Tutume project.

In count 10, Thiite and Zakhem are accused of money laundering. “Acting together and in concert, the accused did engage in transaction that involved the sum of P6 million to an account under the names of Zac Construction,” read the charge. The two face the same offence of money laundering in count 11 where they are alleged to have transacted P3 740 000 which constituted to the proceeds of obtaining by false pretence to an account owned by Khwee (Pty) Ltd. On the last count, the duo still face money laundering charge, this time around, for transacting the sum of P1 000 000 which constituted proceeds of obtaining by false pretence, realised from Tutume project. Regional Magistrate granted all the accused persons bail on state non -opposal. The case continues on November 10 for mention.