Manewe caught out
Staff Writer | Friday August 14, 2020 12:58
The law firm has replaced the controversial South African Advocate, Shawn Abrahams.
Apart from the COVID-19 pandemic that is wrecking havoc across the world, Abrahams apparently felt professionally compromised as he did not agree with the approach adopted but had to do with what the client required.
The law firm represented Kgori Capital against the State on allegations that the asset management company had defrauded government over P10 million in consultancy fees that were not due to them from the National Petroleum Fund (NPF).
The High Court found in favour of the State and Kgori took the matter to the Court of Appeal (CoA) to push aside that judgement.
From the onset and throughout Kgori’s initial criminal matter at the High Court, the senior partner at the law firm Busang Manewe apparently consulted extensively with beleaguered asset manager, Bakang Seretse. This is borne out by the CoA extensive reference to the affidavit provided by Seretse. Seretse is a co-founder of Kgori Capital.
Following the CoA judgement, the State still proceeded to lay criminal charges against the company and its two directors.
The charges against the two directors, Sharifa Noor and Alphonso Ndzinge were dropped by the State.
Currently, Kgori Capital is still in court on allegations that it actively helped in the misappropriation of NPF funds.
Appearing before Extension 2 Magistrate’s Court in Gaborone on July 15, 2020 the law firm’s associate attorney said the Court should commit their client to the High Court for trial.
One of the senior attorneys who preferred anonymity stated that the whole conduct by the State was to undermine the rights of the accused in the NPF matter.
“Kgori Capital is completely exposed. It’s a shocking development unless they have cut a deal. You cannot have attorneys acting as defence and prosecution attorneys in a matter where their clients are directly implicated.
Even if the firm has terminated its Kgori mandate, it cannot act in a matter where their former clients are directly accused.
It looks unethical,” the attorney stated.
Another attorney opined that the State should never have hired attorneys that have legal mandates with those currently before court.
“It is really a desperate attempt to ensure that the accused do not get a fair trial,” argued the attorney.
Mmegi is also reliably informed that the High Court is to hear an application in which the Kebonang brothers want Justice Matlhogonolo Phuthego to recuse himself from hearing their case.
The brothers accuse him as having been part of a group at the Attorney General who was consulted and that pressed for their prosecution.
Whether or not Phuthego will recuse himself remains to be seen next week when the case against the twins resumes.
“Justice Phuthego should never have allowed himself to sit. The conflict is so evident, direct and troubling.
Justice must be seen to be done and in this case you don’t have to be a prophet to predict the outcome. The whole thing is a sham,” another attorney commented.
Attorney Unoda Mack for the Kebonang brothers declined to comment.
Sadique and Zein could not be reached for comment at press time as their phones ran unanswered. They did not respond to WhatsApp messages left in their phones.
Likewise, Manewe did not respond to questions sent to him.