Lekwae, who has been on the run for almost two years, is said to have called the investigating officers on the CMS case in order to hand himself over. He is implicated in two counts of fraud involving a sum of P7,269,429. 80. In a brief appearance before Moroka, the state alleged that Lekwae and others not before court, on or around January 2008, defrauded the government of Botswana the sum of P3,797,300.42 as a payment for pharmaceutical drugs that Mogoaduba Holdings had sold and delivered when they knew that was false. On another count, Lekwae, together with other people not before court on or around November 2007 defrauded the government of Botswana by claiming that Penicillin Pharmaceuticals sold and delivered drugs worth P3, 472,129.40. He was not asked to plead. The state prosecutor, Pricilla Israel, made an application that Lekwae be remanded in custody for the duration of his trial. Israel submitted that Lekwae had several pending cases before different courts. She told the court that the state learnt that Lekwae has been hiding in South Africa and feared that if granted bail he was likely to abscond again.
However, Lekwae told the court that he did not abscond by choice. He told the court that in 2008 he started his studies in Theology for Rhema Ministries in South Africa. He acknowledged the fact that he had other cases before courts adding that one of the presiding magistrates, Nelson Bopa, was not coming to court at the time he had to go for studies. "As I am informed, the case has not being going on. I had informed my sureties of my whereabouts," Lekwae said. He further submitted that his marriage and family would suffer if he is remanded in custody. Moroka did not rule on the bail application by Lekwae. He reasoned that Lekwae's name was mentioned predominately in the ongoing CMS case before him.
