Court moves forward Seretse's application
Goitsemodimo Kaelo | Friday November 6, 2020 16:22
Seretse, one of the accused persons in the ongoing P250 million National Petroleum Fund (NPF) money laundering case has made an application to be granted permission to file supporting affidavits.
The documents are from former minister, Dikgakgamatso Seretse, former Botswana Defence Force (BDF) commander, Gaolathe Galebotswe and former spy chief, Isaac Kgosi late by a little over two months.
The filings essentially rebut the affidavit of Molefi Seikano, BDF ground forces commander, and form part of Seretse’s defence in the civil forfeiture application made by the Directorate of Public Prosecutions (DPP).
While on Thursday the matter was set to hear the interlocutory application whether Judge Radijeng will indulge Seretse’s late filing of the affidavits, parties agreed that the matter be postponed so that they file necessary papers.
Seretse’s lawyer, Kgosietsile Ngakaagae said they were yet to file their replying papers as they had only received the answering papers from the Respondents (Applicants in the main) a day ago.
“We are yet to file our replying papers. It will make sense that we move court for an order that the substantive hearing of the matter be postponed to allow for the interlocutory application to be dealt with because it has a bearing on the main application. We should be able to reply by the 9th,” said Ngakaagae.
He suggested that the court could make a determination and deliver a ruling based on the filed papers and skip the oral submissions to expedite the case as it has been dragging for a long time.
For his part, DPP attorney, Ernest Mosate told the court that they opposed the application to file supplementary affidavits.
He said he was amenable to the suggestions from Ngakaagae.
He also told the Court that while there has been a recent ruling by Justice Gaolapelwe Ketlogetswe ordering the release of Seretse’s properties (cash) within 24 hours, they are proceeding with the civil forfeiture application.
Nonetheless, Mosate said the DPP had noted an appeal on the matter.
In the end, the Court decided that the parties should file all the necessary documents while he will deliver ruling on the interlocutory application on December 10, 2020. The parties would then decide on how to proceed with the civil forfeiture application on the day.
He however set hearing for the civil forfeiture on April 29, 2021.
Meanwhile, both parties have expressed desire to have the matter resolved quickly as it has dragged for more than three years.