Moswaane in court over trading licence

Lebogang Mosikare
Correspondent | Tuesday June 4, 2013 00:00

 

The state alleges that the BDP councillor-cum-businessman was found trading without a licence. Moswaane holds a 100 percent share in Kamapex Investment Pty Ltd-a company that specialises in selling second hand cars.Moswaane, who is representing himself in the case, pleaded not guilty to the charge before magistrate Sijabuliso Siziba.Prosecution witness Kgosietsile Kgosiesele, a by-law superintendent at Kgalagadi District Council, said records from the licensing department at Francistown City Council (FCC) show that Moswaane's licence had long expired.

Kgosiesele is a former FCC by-law officer who has since transferred to Kgalagadi. He said on March 9, 2011 in the company of the police they went to Kamapex to investigate if Kamapex records matched theirs. He said upon arrival, employees were not cooperative when asked about the company's licence.They only gave them Moswaane's number. Upon contacting Moswaane by phone, he told them that he was in Gaborone and they arranged to meet the following day, only for Moswaane not to honour the appointment.

He further explained how the police then managed to meet with Moswaane at the police station where he was warned and cautioned of the offence.Prosecutor Gasemotho Pitlagano asked Kgosiesele if it is an offence not to display the licence somewhere within the business premises, to which he answered in the affirmative.Kgosiesele said their records showed that Kamapex trading licence expired on September 11, 2010 and nothing in their records indicates that the licence was ever renewed. He said a licence has a life span of 12 months and should be renewed before 12 months lapses; failure to do so means the business is not allowed to trade.

In his defense, the civic leader said Kamapex has not violated any law because it was given a waiver by the minister to operate while he undergoes the process of renewing his licence. He even produced a letter from the minister substantiating what he said. However, Kgosiesele said the letter holds no weight because it is superceded by the Trade Act.

Moswaane accused Kgosiesele of incompetence, saying he takes irrational decisions without consulting with other by-law officers, which is why he is not privy to the minister's letter.'You are only driven by jealousy and nothing else, to make sure that my company closes,' said Moswaane.He then asked Kgosiesele if the letter from the minister had misled him, to which Kgosiesele answered in the affirmative.

Moswaane also produced a licence authorising Kamapex to continue to trade; Kgosiesele said he did not know about it because it was issued after he was transferred to Kgalagadi.He said Moswaane had acquired the licence illegally because before he was transferred to Kgalagadi, there were no records indicating that Moswaane had applied for renewal of his licence. The case will continue on July 29.