State defends Kgosi P30m suit
Mpho Mokwape | Friday January 22, 2021 17:35
The State, which last year failed to respond to a P30 million statutory notice from Kgosi for defamation of character now has its back against the wall as it is forced to defend the lawsuit and has thus filed a notice to defend. In its memorandum of appearance to defend, the Attorney General through S. Thapelo Attorneys has explained that the former spy chief’s summons should not be allowed as they lacked necessary averments to sustain a cause of action.
“The plaintiff’s summons is not acceptable for the reason that it does not disclose a cause of action against most of the defendants in that it lacks necessary averments to sustain a cause of action,” it reads. Moreover, according to State the statements complained about by Kgosi to be defamatory employed qualified immunity or privilege in that they were made in the course of legal proceedings and were relevant to the matter at issue.
On the first defendant, Hubona who is accusing of falsifying the his affidavit that is at the centre of the suit, the State says service to him was not preceded by a statutory notice as per the law therefore it was invalid. The State is praying for the dismissal of the Kgosi’s claims with costs. However Kgosi responded to State’s notice by filing a declaration explaining he was clearly defamed as the accusations against him were not only false but were deliberately fabricated by the defendants.
He argued that he was not a terrorist as alleged by the State nor has he stolen money from the government or anywhere else. “In the documents it was said that I had a hand in the money that disappeared at the Bank of Botswana but the Governor of the Bank repeatedly and publicly stated that no money was missing from the bank and infant mo money was stolen from the bank as alleged,” he said.
Kgosi also explained that even the Director General of Directorate on Corruption and Economic Crime (DCEC) told one parliamentary committee on October 9, 2020 that he did not have evidence to substantiate the allegations. Meanwhile Kgosi is demanding millions in damages for defamation of character.
The former director of Directorate of Intelligence and Security (DIS) besides the money is also demanding a public apology and retraction and an undertaking by the State that they will desist from making, and publishing or cause to be published any further defamatory statements.
According to his demand and its origin he says was defamed by DCEC lead investigator, Hubona in an affidavit he deposed in relation to the case where Welheminah Maswabi, the suspended spy agent popularly known as Butterfly has been charged by the State.
Kgosi explained that on October 25, 2020 Hubona deposed an affidavit in opposition of Maswabi’s bail application at the High Court where he made serious accusations against him.
According to Kgosi some of the defamatory statements made by Hubona is that he alleged that on June 9, 2008, Bank of Botswana created three special units under the instruction of former president Ian Khama and him, with opening balances running into millions of Pula.
He said Hubona alleged that the said money was then transferred into various bank accounts around the world and further alleged that on February 15, 2019 an amount of USD 48 million of the stolen money was transferred from Makhota Bank in Indonesia into Standard Bank account in South Africa under the names Kgethem (Pty) Ltd.
“The statements in the Hubona affidavit are wrongful and unlawful and were made with the nefarious intent to damage and injure his good name and reputation. These accusations and allegations are not only false but were deliberately fabricated as demonstrated,” he said.
Mack Bahuma Attorneys represents Kgosi while state by is represented by S. Thapelo Attorneys.