Maswabi’s dramatic case first came to the fore in 2019 when she was charged on three counts of financing terrorism, unlawful possession of wealth and false declaration of a passport. However, when delivering a keynote address at the Colloquium for Judicial Officers on Combating Money Laundering Terrorist Financing and Proliferation Financing this week at a University of Botswana, the President had the case in his mind. He said because of the matter, the international community looks at Botswana as a threat (in the financial system).
He stated that the “Butterfly” case became an existential threat to the whole country. “How then did we come to accuse a young Motswana of financing terrorism?” Boko queried. Criticising the case, Boko went on to ask which terrorism organisation was referred to that she was alleged to have financed. The visibly furious Boko, maintained that investor confidence plummeted in that period. Giving a presentation on the overview of the Financial Action Task Force (FATF) standards, Advocate Ernest Mosate, former Director General of the Botswana Counter-Terrorism Analysis and Fusion Agency within the Directorate on Corruption and Economic Crimes (DCEC) said there are lessons to be learnt from the “Butterfly” case. He said at the time of the investigations, Botswana complained about not being assisted with evidence. “We have to learn from (these) cases to make legislative amendments,” he stated. On the question of whether there was a successful investigation, Mosate answered to the contrary. Ironically, the former State prosecutor then Counter-Terrorism head remarked that the country said Maswabi was a risk to the financial system and alleged that billions of pulas came to our (financial) system. Mosate disclosed that given the work put in the heyday of the anti-money laundering campaign, Botswana was destined to lead countries in Southern Africa. Seemingly noting that the case reversed such gains, he said: “We have gone against international best practices.” According to Mosate, who has held several key positions within Botswana’s legal system including Chief Prosecution Counsel at the Directorate of Public Prosecutions (DPP), accusing Maswabi of financing terrorism meant she had to be sanctioned. However, he asked if she was subjected to targeted sanctions measures.
He further made a revelation that the case remains pending at the High Court. Mosate, said what this means, is that the withdrawal without prejudice of the case by the State as per the last order means the State is still pursuing it. He says this creates a challenge in explaining the status of the case during FATF assessments. He expressed worry that FATF would raise it upon assessing Botswana. “Until we get it over and done with to have it abandoned in a proper (court) order then we have to answer,” he stressed. At the height of the ‘Butterfly’ case, Botswana came under siege for its lapse in the financial systems, owing to the alleged P100 billion loot. Despite dragging for years, the DPP would later withdraw the financing terrorism charge in 2020 following its admission that it had failed to deduce sufficient evidence for a successful prosecution. The DPP also alleged that former president Ian Khama and the late erstwhile DIS Director General, Isaac Kgosi, had links to the case. However, they were never formally charged. The ‘Butterfly’ case, which has been described as a historic low, opened a Pandora’s box. Consequently, former president Khama, Maswabi and several others have embarked in a quest to clear their names.
