A director of Kgori Capital, Alfonse Ndzinge has been excused to testify in the ongoing Public Accounts Committee (PAC) to review the Auditor General’s Report on the review of the National Petroleum Fund (NPF).
The Clerk of the National Assembly, Barbara Dithapo had on March 22, 2018 summoned Ndzinge that on March 28, 2018 he should testify in regard to matters within his knowledge in respect of the Auditor General’s Report on the review of the NPF. He was also informed that should he neglect to comply with this summons, he may thereby render himself liable to arrest, a fine or to imprisonment.
The threat did not move Ndzinge who responded with a letter dated March 27, 2018 from his attorney, Busang Manewe.
“We advise that there is a matter currently before Lobatse High Court handled by Justice [Godfrey] Nthomiwa between the Director of Public Prosecutions vs Kgori Capital (Pty) Ltd… This matter deals with the relationship between government and Kgori Capital in respect of the National Petroleum Fund.
“The Director of Public Prosecutions (DPP) is making serious allegations of abuse of office, obtaining the sum of P10,500, 000 from the National Petroleum Fund by false pretences, money laundering and cheating government revenue against Kgori Capital in relation to its management of the NPF. Client is the current managing director of Kgori Capital,” Manewe wrote.
In his founding affidavit, the acting DPP, Kabo Leinaeng listed interested parties as Kgori Capital, Bakang Seretse, Sharifa Noor, Alfonse Ndzinge and Stanbic Bank. Leinaeng explained that Seretse, Noor and Ndzinge are all interested persons in the property of Kgori Capital by virtue of their directorship and beneficial shareholding in the company. Stanbic Bank is the bank at which
Manewe said Dithapo should note that given the fact that the papers before Nthomiwa had been deposed to amongst others, by the DPP, they are apprehensive that by participating in the proceedings before the PAC, their client may be exposing himself to criminal prosecution.
“Client has a constitutional right which protects him from self incrimination. We therefore take the form view that in the prevailing circumstances client’s constitutional right as aforesaid may be compromised.”
Furthermore, to the extents that there is currently an ongoing case in relation to this subject, Ndzinge’s participation at PAC is likely to offend the sub judice principle, wrote the lawyer. Additionally, Manewe said the subpoena is clear that the client is to appear and testify before the PAC on the Auditor General’s report on the review of the NPF.
“We wish to place it on record that client is not aware of the Auditor General’s report on the NPF. He has never seen it. It is therefore unreasonable and unfair to expect client to come and testify in respect of the Auditor General’s report when he knows nothing about it.”
Moreover, Ndzinge had other pre-scheduled engagements for March 28, 2018 which he is unable to move as such short notice. “In the light of the above client is unable to participate in the proceedings of PAC on 28th March 2018 or at any date in the near future.”