Lionjanga pleads against jail sentence

ISAIAH MOREWAGAE
Staff Writer | Thursday January 22, 2009 00:00

 

Gaborone Chief Magistrate, Lot Moroka, is expected to deliver sentence today.

Passing judgment yesterday, Moroka said after listening to all the evidence brought before court, especially by the Directorate on Public Prosecution, he was assured that 'the factual matrix in the case was so stable that it is extremely safe to convict. The guilt of the accused has been proven beyond reasonable doubt and I convict him as charged,' Moroka said.

Lionjanga was charged with having participated in the adjudication of a tender in which his nephew, Kagiso Makgekgenene, was an interested party without declaring such interest.

Magistrate Moroka was satisfied with the prosecution's argument that as Lionjanga's nephew, Makgekgenene, was an immediate member of Lionjanga's family.

He dismissed as 'absurd' the argument by the defence that Makgekgenene was not an immediate member of Lionjanga's family, especially given that the law specifically included even a concubine as a member of the immediate family. 

Moroka said if the law could go as far as to cover a concubine, then it is clear that it was the intent of the legislature to also include close blood relations such as nephews.

Moroka said by including a concubine as a part of one's immediate family, it was clear that the legislature wanted to cure the mischief of using public office to further narrow family interests.

Moroka wondered how a 'nyatsi' could be ranked higher than a setlogolo without putting our judicial system into disrepute. 'If a paramour or nyatsi is family then certainly nephew is an immediate family member,' Moroka said.

He further said even though no one claimed to have been influenced by Lionjanga to award the tender to his nephew's company, 'the law does not demand an actual influence'.

Moroka said a man cannot be a judge in his own cause or in the cause of his nephew adding that the perception of bias should be taken into consideration.

In mitigation, the defence team pleaded with the magistrate to reserve a custodial sentence for their client. Advocate Sidney Pilane asked the court to be lenient with his client as he had chronic blood leukemia which requires specialist treatment and regular care.

Pilane said his client was unlikely to get the necessary treatment if given a custodial sentence.

The court also heard that the treatment that Lionjanga needs is not available in Botswana so he had to frequent South Africa for treatment.

Lionjanga's wife, Tefo, testified under oath for her husband.

Pilane also called an oncologist at Gaborone Private Hospital to testify that that Lionjanga's chronic illness will reduce his lifespan were he to be put in a facility such as a prison where specialist care would not be available.

Pilane argued that the former government permanent secretary has been a loyal public servant since the 1970s. He is also a first offender and the court should be lenient to him, Pilane pleaded.

Pilane said Lionjanga's major crime was that he breached a rule in corporate governance by failing to declare his interest, but judged on the standard of moral transgression, his offence is 'as low as it can get'.