Fraud suspect refuses to be fingerprinted

ISAIAH MOREWAGAE
Staff Writer | Friday July 9, 2010 00:00

State Prosecutor Thabo Malambane told the court yesterday that during the last court appearance before Village Chief Magistrate Barnabas Nyamadzabo, Lekwae was ordered to have his fingerprints taken so that his dual citizenship could be investigated. Lekwae allegedly holds both South African and Botswana citizenships.

Speaking before Village Magistrate Ephraith Ndengwa, Malambane requested that the court make another order to force Lekwae to submit his fingerprints. He said he was reluctant to apply for contempt of court as Lekwae is already in custody.

For his part Lekwae told the court that he refused to be fingerprinted as he has since learned that the prosecution has already investigated his citizenship. He told the court that he has enough evidence to back up his actions. 'We want the State to show cause why I should allow them to fingerprint me when it is evident that the State has already investigated my citizenship,' Lekwae submitted.

Magistrate Ndengwa responded that she did not have the full case record before her. 'For now there is nothing I can do as I don't have a full case record before me. What I basically have is your word against that of the accused,' Ndengwa said. She then postponed the case to July 14th when Chief Magistrate Nyamadzabo will be available to determine the arguments raised by Lekwae and the State prosecutor. Nyamadzabo will also hear Lekwae's bail application.

Lekwae, who has been on the run for almost two years, is implicated in two counts of fraud involving the total sum of P7,269,429. 80. The State alleges that Lekwae and others not before court, on or around January 2008, defrauded the government of Botswana the sum of P3,797,300.42 as payment for pharmaceutical drugs that Mogoaduba Holdings had sold and delivered when they knew that to be false.

On the second count, Lekwae, together with other people not before court, on or around November 2007 defrauded the government of Botswana by claiming that Penicillin Pharmaceuticals sold and delivered drugs worth P3,472,129.40.

Lekwae surrendered to the police last month and has since been remanded in custody. Former magistrate Enoch Mazonde is representing Lekwae while Malambane, Priscilla Israel, Phadi Solomon, Merapelo Mokgosi are representing the State.