Mhlauli: What if?

| Friday November 30, 2007 00:00

Count one: Any person who,being employed in the public service, does or directs to be done, in abuse of the authority of his office,any arbitrary act prejudicial to the rights of another is guilty of an offence.

Under general punishment offences (section 33) the penal code stipulates that 'when in this code no punishment is specifically for any offence, it shall be punishable with imprisonment for a term not exceeding 2 years with a fine or with both.

On count three, the accused is charged with contravention of section 5 of the Commissioner of Oaths Act that on 31 October 2000, he knowingly made a statement in an affidavit confirming the false contents of the affidavit of one Kadimo Oremeng to the effect that Oremeng and Eddie Norman had agreed to form a joint venture for the acquisition and development of plot 54520 in Gaborone.

According to section 5, any person who makes a false statement knowing it to be false is guilty of an offence and liable upon conviction to the penalties prescribed by law for the crime of perjury. Section 113 prescribes the punishment of perjury thus: Any person who commits perjury is liable to imprisonment for a term not exceeding seven years.