Handicapped to legally fight back, Seretse wants access to his resources. Mmegi Staffer INNOCENT SELATLHWA reports
Former managing director of Kgori Capital, Bakang Seretse and his former company (Kgori Capital) are pleading for release of money in frozen accounts to be able to afford legal fees.
The Directorate of Public Prosecutions (DPP) has made an urgent application before Justice Tshepo Motswagole for restraining and forfeiture orders in terms of Sections 39 and 11 of the Proceeds and Instruments of Crime Act. This is in relation to credit amount of P9,081,382.15 standing to the credit of call account held by Kgori Capital with Stanbic Bank Botswana. The case will be heard on September 13, 2018.
In his founding affidavit, the acting director of Public Prosecutions, Kabo Leinaeng listed interested parties as Kgori Capital, Seretse, Sharifa Noor, Alfonse Ndzinge and Stanbic Bank.
Leinaeng explained that Seretse, Noor and Ndzinge were all interested parties in the property of Kgori Capital by virtue of their directorship and beneficial shareholding in the company.
Stanbic Bank is the bank at which the money or property sought to be restraint are held in an account by Kgori Capital.
He also mentioned obtaining by false pretences, money laundering by the company over a period of about 10 months totalling P10,525,786.67 ostensibly as management fees contrary to the Consultancy Agreement, under which Kgori could only benefit from as a sub-contractor with whatever fees it might be entitled to, claimable from Basis Points Capital Botswana from the Consultancy Price.
“The restraining order sought in respect hereof is to ensure that the amount of P9,081,382.15 or interest in this amount should not be disposed of or otherwise dealt with except in the manner or circumstances that may be specified in the order to be granted in terms of this application, pending the making of an application for a Civil Penalty
Seretse’s attorney Kgosiitsile Ngakaagae said: “We will raise points in limine which include that the State filed papers later than the 28 days they were required to. Another is that we are contesting the asset forfeiture law as it goes against Section 8 of the Constitution of the country. “Another point is that the DPP does not have powers to take a civil matter to court. Section 51 of the Constitution only gives them powers to bring criminal matters.
“My clients are handicapped to fight back legally as their assets have been seized and their accounts frozen. We are pleading that they be given access to some of their resources so they can be able to cover legal costs.”
In case the points fail, Ngakaagae said they would request the court to bring former Directorate of Intelligence and Security (DIS) boss Isaac Kgosi, former acting permanent secretary in the Ministry of Minerals, Green Technology and Energy Security, Obolokile Obakeng and other employees who have deposed affidavits to be called to court to give evidence and be cross-examined.
Seretse, Botho Leburu and Kenneth Kerekang, “between September, 05, 2017 and November, 27, 2017 in Gaborone received various sums of money knowing or suspecting or having reasonable grounds to know or suspect or having derived or realised in whole or in part, directly or indirectly from the commission of a confiscation offence, to wit, theft”.
The case involves P250 million, which the DIS requested from the National Petroleum Fund to build fuel storage facilities.
The DIS, however, changed the intended purpose of the money and then diverted the use of the funds for anti-poaching equipment.