A corruption accused, Bakang Seretse has applied for the National Petroleum Fund (NPF) case to be referred to oral evidence stating that President Mokgweetsi Masisi and former president, Ian Khama be called into the dock and be subjected to examination.
Seretse who is implicated in the P250 million NPF money laundering scandal, argued that nothing can be solved by a way of affidavits since President Masisi and Khama benefited from fund but they were never subjected to investigations.
“The primary dispute is as to whether the transaction out of which amounts in issue were obtained by me was tainted with illegality, rendering restraint and asset forfeiture proceedings necessary. This is an application for the calling of oral evidence on account of a dispute of fact that cannot be resolved on affidavits as filed,” he said.
In a recently filed court documents, Seretse, in his founding affidavit details that the President and the former, the troubled former spy chief, Isaac Kgosi, Minister of Minerals Green Technology and Energy Security Eric Molale, former minister of Minerals, Sadique Kebonang and the spy chief Peter Magosi be subpoenaed and undergo examination on the dealings of NPF.
Seretse explained that the company, Khulaco which is at the heart of the NPF proceedings, was known to Masisi and Khama’s administration as the transactional services company, that they also knew he (Seretse) represented the company.
He pointed out that despite the latter being involved in the dealings of the NPF and being beneficiaries of amounts traceable to contract payments of the company, they were never subjected to investigations, restraint nor forfeiture proceedings.
“All involved from the incumbent President, financial head of intelligence, Ministers amongst them, Kitso Mokaila, Kebonang, Molale, DPP director, Stephen TiroyaKgosi, head of DCEC, Joseph Mathambo and many more were involved in the NPF dealings, one way or the other, and must all be called to take the stand,” he said.
Bakang further said that the dealings involving Khulaco were discussed with everyone and that there was even a pre-feasibilty study for the strategic fuel storage reserves involving both the DIS and ministry of minerals, therefore no one should be spared from undergoing examination before court.
In his draft order, he is seeking for amongst others, that Minister Molale avail all records of NPF reckoned from January 1, 2008 to date in the possession of government within 15 days of receipts.
Also that DIS chief, Magosi avail to him all records of the Directorate’s dealings regarding NPF and also that every witness subpoenaed avail all records in his or her ministry’s possession or custody relevant to the matter.
“It is sought that oral evidence be called because in lieu of such, justice cannot be done to the version of ours. In particular we stand to lose millions worth of property on this matter hence the need for it to be resolved or alternatively the matter be dismissed,” he said.
In another matter still involving Khulaco, Bakang has filed an application for leave to appeal at the Court of Appeal against an order that pronounced that his properties were not liable to release from restraint.
In his founding affidavit, he explained that the application was anchored on material misdirection by the court in terms of entertaining the forfeiture application when it had been brought outside the statutory period of 28 days of the determination and restraining order application.
He noted that no leave was sought and that the court had no authority to entertain the forfeiture application in the absence of such leave.
“The act by the court denied us the legal protection and has indeed left us wondering if the court can fairly and justly resolve this matter. The court has authority whatsoever to indulge the applicants in the absence of legal compliance and it cannot ignored the express provision of statute” he explained.
Attorney Kgosietsile Ngakaagae represents Seretse.
