Two Released In Lands Scandal Case

RYDER GABATHUSE
Staff Writer | Monday August 9, 2010 00:00

Regional Magistrate, Lorraine Makati-Lesang yesterday set free two of the accused persons, Winson Boikanyo Keosimile, the director of Sani Care and a company named Devotee Investments (Pty) Ltd represented by Dagin Bawa, resident at Area G in Francistown.

In raising an objection on behalf of her client attorney Perpetua Dube from B.Williams attorneys stated: 'My case is even worse as no summons has been served on my client relating to the above charges which have commonly been served on a total of 33 accused persons and companies.'

She expressed concern that, 'no charges have been laid against my client who is nominally listed on count 74 of the charge sheet.' Her request was therefore, for the court to excuse her client from making any appearances in court 'as I literally do not know why the client should be making any such appearances in future.'

Dube's client is in fact, listed only on count 74 of the charge sheet where it is indicated, 'the accused persons, Mokgokong, Selemogwe, Tshule and Emmanuel Mutasa and Monty Builders (Pty) LTD on or about September 10 2007 in Francistown acted jointly and in concert, with intent to defraud, obtained the sum of P500,000 from Devotee Investments and Nagin Bawa, by falsely representing that Monty Builders was the proper title holder of plot 1868 and that they could therefore lawfully transfer title over plot 1868, Francistown to Devotee Investments(PTY) Ltd, when in fact and in truth they knew the representation to be false.' Keosimile, the other accused to taste freedom appeared in person and was preparing to engage an attorney, when he was told to go home as charges against him had been withdrawn. This is after Keosimile's objection to Makati-Lesang: 'I am expected to be in court but I have not been served with a summons in the first place. Secondly, my name does not appear on the statement of offence and as such I don't know why I have to continue appearing in court.'

Prior to releasing the duo, Makati-Lesang called principal State prosecutor Samantha Mbikiwa to explain her position as regards the objections.

Mbikiwa, who had earlier reported sick, without any arguments conceded that the two accused persons should leave the court as the State had withdrawn the cases against them.

'I agree that if the duo has not been served with the requisite summons and they do not appear anywhere on the charge sheet, it is only safe that they be set free,' declared Mbikiwa. She failed to explain why the duo had been charged in the first place raising fears that more accused persons may demand that they be released under similar circumstances.

The corruption case involves three public officers, principal State counsel from the Attorney General's Chambers Moloko Ursula Mokgokong, Julius Selemogwe, assistant revenue collector at the department of lands in Francistown and Reuben Tshule, principal technical lands officer at the department of lands in Francistown. The accused persons also include top businesspersons in the city and their companies. The three public officers and the other accused are mainly facing three charges of Corruption in respect of a public transaction, corrupting a public officer and both charges are in accordance with the Corruption and Economic Crime Act. The other charge is of falsification of records, which is in accordance with the Penal Code.

The public officers, the individuals and their companies are charged jointly and are facing 87 counts.