F/town-West bogus petitioners go scot-free
Chakalisa Dube | Thursday April 27, 2017 15:03
None of those alleged to have masterminded the bogus petition will be charged according to the police. The police confirmed that they have completed their investigations in a letter written to the Botswana Congress Party (BCP) and marked “confidential”. The letter is dated April 25, 2017 and authored by David Mosetse on behalf of the Commissioner of Police.
In the letter, the police said, “the absence of identifiable accused persons and intention for all possible offences has left us with no option but to close the matter due to insufficient evidence. Please note that the investigations have been concluded.
The offences of forgery contrary to Section 344 of the penal code and uttering false document contrary to Section 348 of the penal code that you have suggested could not be sustained by evidence at hand,” reads the letter in part.
Police also said that an offence of giving false information to a person employed in the public service could not be sustained based on the evidence they have gathered.
Furthermore, the police indicated that they considered the provisions of the law under Section 350 of the penal code, which deals with procuring documents by false pretences and found no evidence that could lead to the prosecution of those who allegedly masterminded the bogus petition.
In the two-paged letter, the police said that the offences of obtaining by false pretence and impersonation could also not be sustained by evidence at hand as well. The petition first surfaced in November 2013, when it was presented to acting President, Ponatshego Kedikilwe by over 1,000 Botswana Democratic Party (BDP) followers who claimed to be Francistown West voters.
The petitioners wanted the Independent Electoral Commission to allow former councillor for Monarch South, Ignatius Moswaane to contest an upcoming Parliamentary by-election even though he had been barred by a Court order from contesting.
However, it later emerged that the petition was bogus as it involved allegedly forged signatures exposed by both independent investigators in the media and opposition parties. Names of dead people and their purported signatures were even found in the petition. Early in 2014, police announced that they would investigate the bogus petition case after the BCP reported the matter to them.
The BCP letter, signed by then secretary general, Kesitegile Gobotswang, highlighted possible acts of forgery with intention to defraud and or deceive contrary to section 339 as per section 341 and 344 of the penal code. In 2014, Parliament also resolved to have the said bogus petition investigated after the Francistown South legislator, Wynter Mmolotsi tabled a motion before Parliament. That was after a heated debate between Members of Parliament which lasted for nearly three hours.
In the intervening years, the BCP had often expressed worry at the snail’s pace of concluding the investigations, alleging that the police might be siding with the petitioners because they belonged to the ruling party. “It is not for the police to decide whether to prosecute or not.
That decision should be made by the DPP. We will respond to the letter and demand a meeting with the commissioner,” BCP president, Dumelang Saleshando reacted tersely yesterday.