I gave the plot to Debswana, not Nchindo - Mogae

GREG KELEBONYE & BAME PIET
Staff Writers | Thursday April 29, 2010 00:00

 

The first victim of Mogae's caustic humour and tactical awareness was Nchindo's Advocate, Craig Webster, who had a difficult time trying to get Mogae to contradict himself in the evidence that he had earlier given under cross-examination by chief state counsel, Kgosi Ngakaagae.

While Mogae sought to show that the plot allocated to Nchindo was given to the Tourism Development Consortium with the understanding that it was a Debswana initiative, Webster was trying to show that the plot might have been given in other circumstances such where TDC was Nchindo's private business.

At the beginning of cross-examination, Webster told Mogae that Louis Nchindo had told him prior to his death that he was not present at the meeting that Mogae admitted to have attended at Nchindo and Debswana's invitation.

'No, he was there. He would not have had the audacity to invite me and then leave,' he said, triggering a roar of laughter in the packed courtroom.

Prior to Mogae's answer, Ngakaagae had objected to the question, arguing that Webster would have to bring Nchindo to stand as a witness if he was going to insist on presenting the question in the manner he was doing. 

For the better part of his cross-examination, Webster attempted to prove that the issue of one presentation to Mogae, and later a similar one to cabinet about planned projects by Tourism Development Consortium, had nothing to do with the ultimate allocation of land to TDC (PTY) Ltd.

TDC (PTY) Ltd, he argued, might not necessarily have been the same animal as the TDC that was introduced as a Debswana project. Webster argued that the land was allocated long before the presentations and that the presentations could not have possibly influenced the allocation of Plot 55720 in Gaborone.

Mogae however remained adamant that it did because failure by Debswana to meet all of the conditions would have rendered the provisional allocation null and void. (Mogae believed that the project was Debswana's)

'Even if the allocation had not been provisional, the presentations would inform cabinet to decide if procedure was followed and certain requirements met, otherwise the plot would not have been allocated and transferred to any company or individuals,' retorted Mogae. The plot was allocated in July 2000 and the presentations to Mogae and cabinet were in 2002.

Webster, it appeared, was struggling to convince the court that Plot 55720 could have a different piece of land from that which Mogae understood to be Debswana's.

Taking time, giving much detail, Mogae, stuck to what he had earlier said to Ngakaagae in his evidence. The plot between the airport circle and CTO depot belonged to government and it was allocated to Tourism Development Consortium as part of the Debswana tourism development project. Thus 'it was allocated to Debswana,' Mogae insisted.

The former president confirmed that indeed the chairman of DeBeers Mining Company, Nicky Oppenheimer, was reluctant to support the tourism venture because he believed it was going to disturb the company's core business of mining diamonds. The Botswana government however, was keen to have the ambitious tourism project done by Debswana.

'We felt that Debswana needed to play a role in diversifying the economy as De Beers - Anglo American had done in other countries like South Africa. So the proposal was music to our ears as government,' said Mogae.

Mogae had earlier told the court that the plot in Gaborone North was allocated to Debswana Mining Company. 

The objective of the project was to build world-class tourism facilities at strategic locations in Botswana to market the country to the international tourism market.

 'So, when the Debswana management approached government about their proposed tourism project, which entailed components such as a hotel inside Chobe National park, Maun and Central Kgalagadi Game Reserve (CKGR), government was over the moon.

'The reason for the excitement was that government had always wanted to diversify the economy to reduce reliance on diamonds,' Mogae said.

He revealed that the position of MD for Debswana Mining Company was localised and Nchindo appointed with the belief that as a citizen he would protect the country's interest.

Mogae said that there was a time when the management of Debswana asked him to come to the company's head-office to see a presentation on the planned tourism projects. He said that it was unusual for him to be called to any office for presentations but he heeded the Debswana call because of the importance he attached to the project.

He said that he was pleased with the project that was later presented to cabinet and they all supported the idea.

Even prior to the more detailed presentations to Mogae and Cabinet, Mogae had always been privy to the plan by Debswana as Nchindo, whom he admitted he was well acquainted to, had discussed it with him.

He also said that he had interactions and informal discussions with his ministers about the project and they were all happy about it. It was out of the initial interaction about the project that a special allocation was made, he said.  The special allocation was needed as some of the projects within the package varied with the land policy.

For instance, he said, there was a hotel that was to be located inside Chobe National Park, a hotel was to be built inside a buffalo fence near Maun, a lodge inside the CKGR, a lodge in the Okavango Delta and a 70 hectare plot for a five star hotel and casino in Gaborone. 

He emphasised that cabinet ministers were convinced that all these were components of the main Debswana project and they were given special treatment because they were at variance with several government policies.

With regard to the allocation of plot 55720 in Gaborone, Mogae said that it was never mentioned where the Gaborone five star hotel project was going to be located.

But he stated that during the presentations to cabinet, and to him, Nchindo, Joe Matome and their team showed him the map of the plot between the airport circle and the CTO depot.

'I am talking about the plot where I pass on my way to Serowe, the one on the western side of the A1 road,' quipped Mogae. He further stated that the plot would not have been allocated to any person or company without cabinet input because of its magnitude and the procedures that would need to be followed in such allocations.

He emphasised that the plot was allocated under the impression that it was part of the Debswana Tourism project and nobody ever told cabinet that it had been allocated to Nchindo's Tourism Development Consortium (Pty) Ltd.

He stated that despite many discussions he had with then Minister of Lands and Housing, Jacob Nkate, the latter never mentioned to him that Plot 55720 was allocated to Nchindo and TDC (Pty) Ltd.

He said even Nchindo never mentioned to him that he had been allocated the plot to build a five star hotel and golf course.

The tourism project was halted in 2005. Mogae told the court that nobody briefed him that the project had been halted or about what happened to the assets that were acquired for it. 

Also in court, which continues today, were Members of Parliament, Daniel Kwelagobe and Mephato Reatile.