Directorate of Intelligence and Security Services (DIS) onetime Queen, Wilhelminah ‘Butterfly’ Maswabi, is languishing in jail after she was denied bail by the Gaborone High Court. The State has advanced arguments that she is a high flight risk and her covert training as a DIS Operative puts her at an advantage to temper with evidence and scupper the case.
Maswabi is facing three criminal charges of financing terrorism, possession of unexplained property and false declaration for passports. On Financing Terrorism, this is a charge which on its own carries life imprisonment which the State prosecutors say could be a motivating factor for one not to stand trial and flee the jurisdiction which will delay the proceedings and evidence against her to be compromised.
The state, represented by Priscilla Israel, told the court that carrying different passports was a clear indication of abuse power of which she carried diplomatic passports which allowed her easy access. “If granted bail and before the money is frozen and or restrained there is high likelihood that she will temper with the State's evidence and endeavour to recover the syphoned money that we believe belongs the State,” Israel explained.
According to the State, “There is reasonable evidence that the applicant is likely to be convicted on all the charges filed against her.” Maswabi is accused of holding US390 million in her personal account and that she has at some point transferred P29 million to former DIS Director General, Isaac Kgosi. The transfer occurred shortly after Kgosi had made remarks that he will “topple this Government”, when he was arrested at the Sir Seretse Khama International Airport.
During the bail hearing, the prosecution pleaded with the judge do a balancing exercise between the interest of the individuals and those of the prosecution and the public in general. “If the applicant is granted bail the state and the public in general will be prejudiced in that, the applicant is trained to counter, to infiltrate and intercept in dealing with computer related activities.” In the DPP view, “taking all the factors into consideration – that is the seriousness of the offences charged coupled with their sentences this is a high motivation for one to flee the course of justice.”
“Furthermore, the integrity of evidence and money syphoned from the State accounts, we humbly submit that the public interest outweighs the interest of an individual, therefore, we pray that the application before this honourable court is without merits and the public interest should be taken into consideration and the application be dismissed.” Offering emphasis on why ‘Butterfly’ is a high flight risk and may temper with evidence, the DPP said she is an employee of the Directorate of Intelligence and Security Services and she has been trained as a covert officer which includes among other things interception, hacking and any operations in the cyber space.
The DPP argued that it is in the interest of justice that Maswabi be remanded in custody pending the completion of the case. “Furthermore, it is believed that the applicant is co-conspirator in the syphoning of the Government funds, the matter which is still under investigation and it is believed that she has access to the offs h ore accounts which our primary investigations are believed to have been linked to the money syphoned from the Government funds.”
The DPP made claims that Maswabi “is believed to be a long-time girlfriend of a Mr Isaac Seabelo Kgosi who is a fugitive of justice, and his who his whereabouts are still unknown to the State and there is evidence that the Ap p licant knows where Mr Kgosi is as she has transferred money to him on several occasions.”
The 46-year-old former spy agent shuddered the court when the Directorate of Public Prosecution revealed that she has a lump sum of U$390 million in her personal account. She has travelled to 18 European countries, 17 African Countries, 5 Asian countries and 13 Indonesian countries. “Butterfly” has over 5 passports in her name of which 4 were returned because they were full.
Butterfly is also alleged to be the signatory to the accounts that were used to transfer money some of which was in the sum of P48 million. Israel revealed to the court that the USD 48 million that went into that account was transferred to four different accounts of which two of the accounts the applicant is a signatory to. The two companies are alleged to have 17 different accounts which have 10 billion pula. She further clarified that these are offshore accounts.
THE STATE IS BLUFFING – MASWABI
In their heads of submission, Mack emphasized that the State should provide evidence, if they have any against the accused. He dismissed that the courts cannot be dwelling on cases on suspicion instead of facts. “We demand to see a statement [affidavit] from Bank of Botswana to confirm that an account was created and to ensure that indeed they do exist. No signatures reflect on the documents they claim to have, so how do they tell the courts that the owner of the signatures is the accused,” Mack said.
Mack elaborated that they have no knowledge of which account holds the alleged U$2.9 million, neither do they know who the holder of the account is because the state has not brought any evidence before them. “There is no proof that the Applicant is a signatory to 17 bank accounts as suggested by the State and where bank accounts are. There is no proof that the Applicant was involved in any of the alleged transactions as depicted in Annexures E, D and X. In fact, the said documents are highly suspicious as they do not show their origin, author and they are not signed,” he said.
The applicant’s attorney also made the courts aware that despite her arrest there is no evidence from the South African immigration dealing with alleged pseudo passports. Mack said the second leg deals with the Application for bail in terms of the Criminal Procedure and Evidence Act, in particular, Section 113 as read with Section 114 – The likelihood of the accused not standing trial; The accused interfering with investigations; or The proper administration of justice.
According to Mack if there is no likelihood of the accused failing to stand trial or interfering with investigation, then they must be admitted on bail. “The onus is on the State, if it opposes the granting of bail, to prove on a balance of probabilities that, either the accused is a flight risk or will interfere with investigations. Cogent evidence and not mere suspicion is required to convince the Court that one should not be released on bail,” he said.
Mack said in the present case, no evidence, has been provided by the State that the Applicant is actually a flight risk or that she will interfere with investigations. He admitted that at least one charge is serious, being the charge pertaining to Financing Terrorism. However he said what is critical at this stage is what evidence has been led to support the charges. He further observed that it is common cause that at this stage, the evidence placed before the Court in this regard would merely need to be prima facie and not necessarily conclusive.
“As regards the possible prejudice that the State would suffer if the Applicant is granted bail, it is submitted that none exists. If it does, it has not been set out. All that has been stated is that the Applicant will access money by means of cyber but no connection has been proved between the Applicant and any money or any bank account,” said Mack. He said Maswabi is a Motswana and the evidence led by the State does not suggest that she holds any foreign passport. “The evidence does not suggest that the Applicant is in possession of more than one valid passport.”
Former Umbrella for Democratic Change (UDC) Member of Parliament for Gaborone North, Haskins Nkaigwa has confirmed his departure from opposition fold to re-join the ruling Botswana Democratic Party (BDP).
Nkaigwa said opposition is extremely divided and the leadership not in talking terms. “They are planning evil against each other. Nothing much will be achieved,” Nkaigwa told WeekendPost.
“I believe my time in the opposition has come to an end. It’s time to be of value to rebuilding our nation and economy of the country. Remember the BDP is where I started my political journey. It is home,” he said.
“Despite all challenges currently facing the world, President Masisi will be far with his promises to Batswana. A leader always have the interest of the people at heart despite how some decisions may look to be unpopular with the people.
“I have faith and full confidence in President Dr Masisi leadership. We shall overcome as party and nation the current challenges bedevilling nations. BDP will emerge stronger. President Masisi will always have my backing.”
Nkaigwa served as opposition legislator between 2014-2019 representing Botswana Movement for Democracy (BMD) under UDC banner. He joined BMD in 2011 at the height public servant strike whilst Gaborone City Deputy Mayor. He eventually rose to become the mayor same year, after BDP lost majority in the GCC.
Nkaigwa had been a member of Botswana National Front (BNF), having joined from Alliance for Progressives (AP) in 2019.
Botswana has received assistance worth over P100 million from Japanese government since 2019, making the latter of the largest donors to Botswana in recent years.
The assistance include relatively large-scale grant aid programmes such as the COVID-19 programme (to provide medical equipment; P34 million), the digital terrestrial television programme (to distribute receivers to the underprivileged, P17 million), the agriculture promotion programme (to provide agricultural machinery and equipment, P53million).
“As 2020 was a particularly difficult year, where COVID-19 hit Botswana’s economy and society hard, Japan felt the need to assist Botswana as our friend,” said Japan’s new Ambassador to Botswana, Hoshiyama Takashi.
“It is for this reason that grants of over P100 million were awarded to Botswana for the above mentioned projects.”
Japan is now the world’s fourth highest ranking donor country in terms of Official Development Assistance (ODA).
From 1991 to 2000, Japan continued as the top donor country in the world and contributed to Asia’s miracle economic development.
From 1993 onwards, the TICAD process commenced through Japan’s initiative as stated earlier. Japan’s main contribution has been in the form of Yen Loans, which are at a concessional rate, to suit large scale infrastructure construction.
“In Botswana, only a few projects have been implemented using the Yen Loan such as the Morupule “A” Power Station Rehabilitation and Pollution Abatement in 1986, the Railway Rolling Stock Increase Project in 1987, the Trans-Kalahari Road Construction Project in 1991, the North-South Carrier Water Project in 1995 and the Kazungula Bridge Construction Project in 2012,” said Ambassador Hoshiyama.
“In terms of grant aid and technical assistance, Japan has various aid schemes including development survey and master planning, expert dispatch to recipient countries, expert training in Japan, scholarships, small scale grass-roots program, culture-related assistance, aid through international organizations and so on.”
In 1993, Japan launched Tokyo International Conference on African Development (TICAD) to promote Africa’s development, peace and security, through the strengthening of relations in multilateral cooperation and partnership.
TICAD discuss development issues across Africa and, at the same time, present “aid menus” to African countries provided by Japan and the main aid-related international organizations, United Nations (UN), United Nations Development Programme (UNDP) and the World Bank.
“As TICAD provides vision and guidance, it is up to each African country to take ownership and to implement her own development following TICAD polices and make use of the programmes shown in the aid menus,” Ambassordor Hoshiyama noted.
“This would include using ODA loans for quality infrastructure, suited to the country’s own nation-building needs. It is my fervent hope that Botswana will take full advantage of the TICAD process.”
Since then, seven conferences where held, the latest, TICAD 7 being in 2019 at Yokohama. TICAD 7’s agenda on African development focused on three pillars, among them the first pillar being “Accelerating economic transformation and improving business environment through innovation and private sector engagement”.
“Yes, private investment is very important, while public investment through ODA (Official Development Assistance) still plays an indispensable role in development,” the Japanese Ambassador said.
“For further economic development in Africa, Japan recognizes that strengthening regional connectivity and integration through investment in quality infrastructure is key.”
Japan has emphasized the following; effective implementation of economic corridors such as the East Africa Northern Corridor, Nacala Corridor and West Africa Growth Ring; Quality infrastructure investment in line with the G20 Principles for Quality Infrastructure Investment should be promoted by co-financing or cooperation through the African Development Bank (AfDB) and Japan.
Japan also emphasized the establishment of mechanisms to encourage private investment and to improve the business environment.
According to the statistics issued by Japan’s Finance Ministry, Japan invested approximately 10 billion US dollars in Africa after TICAD 7 (2019) to year end 2020, but Japanese investment through third countries are not included in this figure.
“With the other points factored in, the figure isn’t established yet,” Ambassador Hoshiyama said.
The next conference, TICAD 8 will be held in Tunisia in 2022. This will be the second TICAD summit to be held on the African continent after TICAD 6 which was held in Nairobi, Kenya, in 2016.
According to Ambassador Hoshiyama, in preparation for TICAD 8, the TICAD ministerial meeting will be held in Tokyo this year. The agenda to be discussed during TICAD 8 has not yet been fully deliberated on amongst TICAD Co-organizers (Japan, UN, UNDP, the World Bank and AU).
“Though not officially concluded, given the world situation caused by COVID-19, I believe that TICAD 8 will highlight health and medical issues including the promotion of a Universal Health Coverage (UHC),” said Hoshiyama.
“As the African economy has seriously taken a knock by COVID-19, economic issues, including debt, could be an item for serious discussion.”
The promotion of business is expected to be one of the most important topics. Japan and its partners, together with the business sector, will work closely to help revitalize private investment in Africa.
“All in all, the follow-up of the various programs that were committed by the Co-Organizers during the Yokohama Plan of Actions 2019 will also be reviewed as an important item of the agenda,” Ambassador Hoshiyama said.
“I believe that this TICAD follow-up mechanism has secured transparency and accountability as well as effective implementation of agreed actions by all parties. The guiding principle of TICAD is African ownership and international partnership.”
Directorate on Intelligence Services (DIS) Director General, Brigadier Peter Magosi is said to be hell-bent and pushing President Mokgweetsi Masisi to reshuffle his cabinet as a matter of urgency since a number of his ministers are conflicted.
The request by Magosi comes at a time when time is ticking on his contract which is awaiting renewal from Masisi.
This publication learns that Magosi is unshaken by the development and continues to wield power despite uncertainty hovering around his contractual renewal.