It was a busy year at the Courts of law
Mpho Mokwape | Friday December 25, 2020 12:42
Kgosi finally indicted in NPF case Early this year former spy chief, Isaac Kgosi was indicted in the in the infamous National Petroleum Fund (NPF) as accused number 18. The case involved P250 million, which the then Director General of the Directorate of Intelligence and Security (DIS), Kgosi requested from the NPF to build fuel storage facilities. The DIS, however, later changed the intended purpose for the money and used the funds for anti-poaching equipment purchase.
Kgori Capital charges dropped Earlier this year the State also dropped charges against Kgori Capital, and its directors Alfonse Ndzinge and Sharifa Noor. Kgori Capital was one of the companies that came under the spotlight when the NPF, a statutory fund run under the Energy Affairs Department, hit the headlines in late 2017, with the State alleging that up to P230 million had been lost through money laundering linked to the national intelligence agency.
Then Directorate on Public Prosecutions (DPP) successfully froze Kgori’s accounts, arguing that the fund manager had helped itself to P10.5 million in management fees from the NPF despite the non-existence of a valid agreement. It was alleged that Bakang Seretse, Basis Points, Kgori Capital, Noor and Ndzinge on December 24, 2015 acting together with a common purpose, corrupted the first accused person in NPF case Kenneth Kerekang, a public servant and Mpho Kerekang to enter into an unauthorized contract with the 13th accused person, Kgori Capital in terms of which Kgori was to earn 0.80% of the total value of NPF assets managed by Kgori.
Kebonang brothers freed The kebonang brothers, Zein and Sadique were the first one late this year to escape from the claws of the state after being indicted into the NPF case. The brothers were indicted into the case after being accused of also dipping their hands into the P250m jar before they took the matter to the High Court seeking a review of their charges.
Kgosi’s NPF charges dropped Following the Kebonang brothers being freed from the NPF, Kgosi was the second together with Kenneth Kerekang to be freed from the infamous NPF scandal. The charges relating to the P250 million NPF loot, which were leveled against Kgosi were dropped by the Gaborone High Court Judge Michael Leburu. He described the decision by the state to charge and prosecute Kgosi as irrational and unreasonable.
Financing terrorism charge dropped against ‘Butterfly’ While many had shifted their eyes from the NPF case considering how it was going, the State dropped another bombshell when it dropped the main charge in Butterfly’s case. The State indicated complexity of investigations as the main reason for the request to drop the charge. The 47-year-old Welheminah Maswabi now remains charged with two counts of being possession of unexplained property and false declaration for a passport.
Khama, Kgosi, Butterfly demands P85 million, apology from State Former President Ian Khama, former spy chief, Isaac Kgosi and former spy agent Welheminah ‘Butterfly’ Maswabi this year issued individual statutory notices demanding P85 million from government in damages for defamation of character. The trio issued statutory notices for defamatory allegations leveled against them in the Butterfly case by the State. Besides the money, the trio is also demanding a public apology and retraction and an undertaking by the State that it will desist from making, and publishing or cause to be published any further defamatory statements. Khama demands P25 million while Kgosi and Maswabi demand P30 million each.
Motsepe demands P20m from state Meanwhile, South African businesswoman, Bridgette Motsepe is demanding P20 million from government in damages for defamation of character. Motsepe is implicated by the state in case that involves former spy agent Welheminah Maswabi known as Butterfly has filed his application before the Lobatse High Court alleging defamation. The SA native was fingered by the government for allegedly receiving a considerable about of money laundered through both SA and Botswana banks. She was said to have received the money together with the former President Ian Khama and former spy chief Isaac Kgosi. However according to the notice of demand Motsepe said she was defamed by the Directorate on Corruption and Economic Crime (DCEC) lead investigator, Juko Hubona in an affidavit he deposed in relation to the case in which Maswabi has been charged with three counts including financial terrorism.
Morupisi, wife charged Earlier this year, former Permanent Secretary to the President (PSP) Carter Morupisi and his wife, Pinny, were slapped with charges following much public outcry about allegations of corruption and abuse of office. The charges against Morupisi and his spouse are in relation to the misappropriation of funds from the Botswana Public Officers Pension Fund (BPOPF). The case is ongoing after the High Court recently refused to drop the charges following their application for ‘no case to answer’.
All accused persons in NPF case freed The year ended on high note for all the accused persons in the NPF scandal. Just two weeks ago Chief Magistrate, Kamogelo Mmesi pinned the last nail in the state’s coffin when he freed all the accused persons who were about 18 in number and were facing around 128 counts including money laundering. Some of the accused persons included former spy chief, Isaac Kgosi, businessman Bakang Seretse, Kebonang brothers, Kenneth Kerekang and many others. However before Mmesi’s ruling the Gaborone High Court had already made determination on the Kebonang brothers and Kgosi’s case.