Moakofi, who in 2021 was charged with a single count of corruption was last week acquitted and discharged by Magistrate Mareledi Dipate of Regional Magistrate’s Court on reasons that the State failed to prove its case against her. “The court having found that the State has failed to prove its case against the accused person to the required standard of proof, she is found not guilty of the offence of corruption she was charged with of corruption in terms of Section 24 A (3) of the Corruption and Economic Crime Act,” said Dipate. Once at the helm of BPOPF, Moakofi was accused of colluding with former BPOPF chairperson, Carter Morupisi to co-sign a contract between BPOPF and CMB. Particulars of the offence were that the accused person, who was by then a BPOPF employee as acting CEO, on or about November 11, 2014 in Gaborone, acted together and in concert with Morupisi, the then BPOPF board chairperson, to co-signed a contract between BPOPF and CMB for the benefit of the latter. It was alleged that Moakofi knew well that they had no power or authority to do so, as the business of the board of trustees for the said BPOPF was on suspension at that time by an order of the High Court dated October 7, 2014.
Meanwhile, it was not the first time Moakofi was discharged in the CMB case. In 2020, Magistrate Goodwill Makofi discharged her on grounds that it has been months since she was charged and the prosecution was yet to show the court what crime she had committed. At the time, the magistrate explained that Moakofi was charged and brought to court months ago and the prosecuting authority had done nothing, strangely deciding not to sign consent orders to prosecute the former acting CEO. “This means that the prosecution cannot go ahead without the consent and signature of the director of the prosecuting authority, something not only frustrating to the court but to the accused person,” he said. Makofi also indicated that it was a waste of Moakofi’s time and resources as she appeared before the court for the fourth time for non-existent charges and for a matter the prosecution clearly has no interest in, as shown by reluctance to consent for ex-BPOPF’s acting CEO prosecution. Moakofi initially appeared on the list of witnesses in the multi-million pula CMB fraud case, but was curiously removed from it. She was then charged alongside CMB directors and Morupisi, for her supposed role in the signing for the disbursement of the disputed funds.
However, documents show that while indeed Moakofi signed for the disbursement, she defended her involvement saying she in fact did so as a witness for the then chairperson, and in her capacity as the then CEO, who reports to the board. Her argument was that the board, not her, makes funding approvals, and had taken decisions as to whom they want as BPOPF partners, and she went on to sign for the disbursement. Moakofi had also argued that signing for disbursement of funds approved by the board of BPOPF was her responsibility and cannot be used against her as a fraudulent activity unless her accusers show proof of beneficial interest on her part, like they allegedly did with the former PSP when they claimed to unearth the P650, 000-worth Land Cruiser in his possession, reportedly obtained from the CMB directors.
