State fights to hold Seretse's millions indefinitely
Mpho Mokwape | Friday April 30, 2021 16:59
The State through the Directorate of Public Prosecutions (DPP) yesterday argued its case before Gaborone High Court Judge, Godfrey Radijeng explaining that there have been difficulties in relation to the investigations in which the assets are believed to be proceeds of crime.
The civil forfeiture against Seretse’s funds reportedly in the amount of P118 million from his companies Khulaco (PTY) Ltd, M&B Properties and Leomog Investments, which the State believes are proceeds of crime relate to the P230 million National Petroleum Fund (NPF) case. The assets have been held by the State since 2018 through a restraining Court order.
State prosecutor, Earnest Mosate told Court that the matter has been a difficult one since it involved international cooperation. He explained that in the quest to get to the bottom of the matter, international cooperation must be sought.
“This is not a straight forward matter that is why we seek the Court to grant us the application for forfeiture of the assets. Our request from the international entities has been done and we are still waiting for help,” he said.
Mosate said the assets could not be released, as they are believed to be proceeds of crime and it would be the State that suffers if the application is not granted. However Seretse’s attorney, Kgosietsile Ngakaagae, said the Court should not grant the State’s request arguing that it has been four years of the State moving from pillar to post trying to prove a point.
He said the State was behaving criminally by holding on to properties that do not belong to them in the name of them being proceeds of crime.
“The properties involved are not proceeds of crime. On the contrary, it is the State has been holding onto the assets for years hoping for something to stick,” he said. He pointed out that the Court has never been told about the hiccups regarding the case but they want the Court to freeze the case while they “go on a hunting spree” instead of withdrawing the matter with the option of future litigation.
Ngakaagae further said the State has been “enjoying” the restraining order holding on to the assets for years when it has not made any progress on the matter . “It is only right that the properties be returned. The State has been enjoying the unlawful retention of the properties for a period commencing January 13, 2018, to date,” he said. Judgment has been reserved for June 30, 2021.