Kgosi finally indicted in NPF case
Oarabile Mosikare | Friday March 6, 2020 16:53
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 then used the funds for anti-poaching equipment purchase.
The State yesterday also dropped charges against Kgori Capital, Alfonse Ndzinge and Sharifa Noor. 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 Kenneth Kerekang, a public servant and Mpho Kerekang to enter into an unauthorised 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.
It is alleged that Tshepo Bojelo on September 1, 2015 to August 11, 2017 employed as a chief administration officer in the Department of Energy did knowingly fail to disclose a personal interest in the decision of the Department of Energy had to make, with his longstanding and close rapport with Bakang Seretse, a director in Basis Points Capital, which was awarded a tender with the Department of Energy in December 2015 and a director in Kgori Capital, which was subcontracted by Basis Points to conduct the financial and investment management of the NPF and to establish a NPF Management Unit, and notwithstanding this non-disclosure, he participated in the proceedings of the Department of Energy in relation to its dealings and decisions relating to Basis Points and Kgori Capital.
The asset manager Bakang Seretse and others are facing more than 126 charges ranging from money laundering, theft, abuse of office, giving false information to person employed in the public service and uttering a false document.
Other accused persons are the Kebonang twins, Sadique and Zein. During the arraignment of all the accused persons yesterday, state counsel Wesson Manchwe moved an application for the amendment of charge sheet to include Kgosi.
“Count eight and nine of the charge sheet present before Court make reference to a person not before Court. The person before Court is the person we seek to allow him to be included.
Should the amendment be allowed the person will appear as accused 18,” Manchwe submitted. He explained that the prosecution was guided by Criminal Procedure and Evidence Act. He added that the decision to amend the charge sheet was made a long time ago. When the additional person was not within the jurisdiction of the Court.
The defence attorney Unoda Mack vigorously opposed the application arguing that the State made an application to amend the charge sheet before Makofi’s predecessor Magistrate Masilo Mathaka and he refused and the State later appealed. “It appears that they want to submit the same charge sheet before you. What the State should be doing is to amend the charge sheet before the High Court. The point I am making is that this is abuse of process. On the last sitting Mathaka made a ruling and the State has since made an appeal in relation to the ruling. Shouldn’t we be waiting for the appeal process?” Mack submitted.
He buttressed that they have two parallel processes in the same matter as the accused persons face the same charges before the High Court and the Magistrate’s Court. He added that all the accused persons should not have been in Court at all. “We should wait for the decision of the High Court on the appeal launched by the State. As far as I am concerned they have been committed to the High Court.”
In his short ruling, Makofi said that the prosecution reserves the right to decide who it charges.
“An amendment can be allowed even at the appeal stage. The objection is dismissed for want of merit and the application succeeds,” Makofi ruled.
The acting regional Magistrate also shocked members of the public when he disclosed that Kgosi is a person well known to him, so could not hear the case because he was conflicted after adding him to the charge sheet.
Kgosi’s counsel Thabiso Tafila told the Court that they were not ready to take a plea because he was not given further instructions together with his colleague Mack.
The status hearing for the matter would be on March 19, 2020 before a different magistrate at the Regional Magistrate’s Court.