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Bakangs bid to have P250 million NPF charges dropped fails

Court has this week dismissed an application by Gaborone businessman Bakang Seretse and co-accused in which they wanted their criminal charges dropped in the controversial P250 million National Petroleum Fund (NPF) saga.

Seretse, the accused persons in the NPF case, is charged together with former Department of Energy Director, Kenneth Kerekang; Khulaco (Pty) Ltd, Basis Point (both represented by Bakang as Director), M & B Properties Pty Ltd with Bakang Seretse as Director. They cited also the Member of Parliament for Lobatse and ex-Minister of Mineral Resources, Green Technology and Energy, Security Sadique Kebonang, Raging Bull Pty Ltd, Sadique Kebonang as the Director, twin brother to Sadique and High Court Judge Zein Kebonang.

Mogomotsi Seretse, Leomog Pty Ltd- (Mogomotsi Seretse as Director), Kago Stimela and STM Holdings Pty Ltd, Kago Stimela as Director, were also dragged in. Acting for the defence, was attorneys Ngakaagae and Unoda Mack while Wesson Manchwe was representing the DPP.  The accused are faced with 65 counts in the charge sheet most of which are related to money laundering as they are accused of involvement in diverting multimillions of pula from NPF to a private asset management company.

When making the ruling on Friday with regard to the application brought by the accused persons through their attorney Ngakaagae, Broadhurst Regional Magistrate Masilo Mathaka said since it’s not the first time that such request is made to court to drop the charges – which was dismissed – reasons thereof still stands.

“This is not the first time in casu that the court has been moved to quash the charges. A similar application was moved in the past and on the 22 March 2019 I delivered a ruling refusing the application,” the Magistrate stated. He continued: “the reasons I gave then are as valid today.” Magistrate Mathaka further pointed out that “it is in the interest of the accused that they stand trial and clear their names and it is also in the interest of the society that the matter be taken for trial given its seriousness.” 

The answer, he said, also concerns Mack’s application for the quashing of the charges as well. “For this sole reason I again refuse the applications for the quashing of the charges,” the Magistrate maintained. Ngakaagae had filed an application to quash the indictment in terms of Section 147 of Criminal Procedure and Evidence Act on the 5th June 2019.

The attorney’s argument were that the matter was registered long back in 2017 and his clients have been appearing in court throughout. He argued that the objective of the criminal law is not only to hold people accountable for alleged crime but to do so in a fair and just way.
“In a space of one and half years since the registration of the matter the State has amended the charge sheet 5 times. I am not too sure of the count, but of course it has been amended several times and there was attempt to amend it to about 169 counts which never materialized,” Ngakaagae lashed out in the heads or argument which were read out by the Magistrate.

His argument, Mathaka said, is that goal posts keep shifting, to his clients’ prejudice. The State has behaved contemptuously to the court and its process and continue to do so, he said, adding that Ngakaagae’s arguments that the accused’s interest are equally important as are those of society. Magistrate: “I can’t agree more.”  He further narrated that the Directorate of Public Prosecutions (DPP) has responded to the application (brought by Ngakaagae) by submitting at length that since the court is not entrusted with the trial of the case, it does not have the power to deal with the application raised by Ngakaagae.

“This court was called upon to engage in the interpretation of section 147 and 148 of the Criminal Procedure and Evidence Act,” he stressed out. Meanwhile Ngakaagae has indicated his willingness to appeal for the second opinion of law the matter while the Magistrate was adamant to take the matter now to the High Court. “I thought today we are committing the matter to High Court. We can’t continue like this as these appeals may drag the case further,” he stated.

The matter was therefore scheduled for committal on August 26 to prepare it for the higher court. Magistrate also separately dismissed the DPP through Manchwe’s plea to allow for amendment of the charge sheet in the public interest to cater for 3 more accused to be charged citing that they have been amending it for far too long and therefore can’t allow it for the 5th or sixth time.

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The curtain came down at the PAP session with pomp and FUNFAIR

23rd March 2023

It was pomp and funfair at the Pan-African Parliament (PAP) on March 18 as the African Cultural Music and Dance Association (ACUMDA) brought the curtains down on the PAP session with a musical performance. 

 

The occasion was the celebration of the Pan-African Parliament Day (PAP Day) which commemorated the inauguration of the first Parliament of the PAP on 18 March 2004 at the African Union Headquarters in Addis Ababa, Ethiopia.

 

The celebrations took place at the seat of the Parliament in Midrand to “reflect on the journey” as the institution turns 19. The event sought to retrace the origin and context of the establishment of the PAP.

 

The celebrations included musical performances by ACUMDA and a presentation by Prof. Motshekga Mathole of the Kara Heritage Institute on “Whither Pan-Africanism, African Culture, and Heritage.”

 

The PAP Day was officially launched in 2021 to educate citizens about the Continental Parliament and ignite conversations about its future in line with its mandate.

 

The establishment of the PAP among the AU organs signalled a historical milestone and the most important development in the strengthening of the AU institutional architecture. It laid solid groundwork for democratic governance and oversight within the African Union system and provided a formal “platform for the peoples of Africa to get involved in discussions and decision-making on issues affecting the continent.”

 

The genesis of the PAP can be legally traced back to 1991 with the adoption of the Treaty Establishing the African Economic Community, adopted on June 3, 1991, in Abuja (also known as the Abuja Treaty). This treaty defined the pillars and grounds for realizing economic development and integration in Africa and called for the creation of a continental parliament, among a set of other organs, as tools for the realization of African integration and economic development. This call was reemphasized in the Sirte Declaration of 1999, which called for the accelerated implementation of the provisions of the Abuja Treaty.

 

PAP celebrated its ten years of existence in March 2014, a year which coincided with the adoption, on June 27, 2014, in Malabo, Equatorial Guinea, of the Protocol to the Constitutive Act of the African Union relating to the Pan-African Parliament (PAP Malabo Protocol), which, once in force, will transform the PAP into a legislative body of the AU. It requires a minimum of 28 countries to ratify it before it comes into force.

 

Therefore, the commemoration of PAP Day serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 19 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.

 

The celebrations of PAP Day coincided with the closing ceremony of the sitting of the PAP Permanent Committees and other organs. The Sitting took place in Midrand, South Africa under the AU theme for 2023, “Accelerating the implementation of African Continental Free Trade Area (AfCFTA)” from 6 to 17 March 2023.

 

PAP President, H.E. Chief Fortune Charumbira, expressed appreciation to members for their commitment during the two-week engagement.

 

“We have come to the end of our program, and it is appropriate that we end on a high note with the PAP Day celebrations. 

“We will, upon your return to your respective countries, ensure that the work achieved over the past two weeks is transmitted to the national level for the benefit of our citizens,” concluded H.E. Chief Charumbira.

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PAP needs to priorities land issues-Prof Mathole

23rd March 2023

Prof Motshekga Mathole of the Kara Heritage Institute has advised the Pan-African Parliament (PAP) to prioritise the land issue in the continent if they are to remain relevant.

He said this while addressing the Plenary during the commemoration of PAP Day held at the PAP Chambers in Midrand, South Africa

The PAP Day was officially launched in 2021 to commemorate the inauguration of the first Parliament on 18 March 2004 in Addis Ababa, Ethiopia. Intended as a platform for people of all African states to be involved in discussions and decision-making on problems and challenges facing the continent.

In a speech titled “Whither Pan-Africanism, African Culture, and Heritage,” Prof Mathole stated that for PAP to remain relevant, it must address the continent’s key land dilemma, which he feels is the core cause of all problems plaguing the continent

“If this Parliament is to be taken seriously, ownership of land and natural resources must be prioritized at the national and continental levels. Africans are not poor; they are impoverished by imperialist nations that continue to hold African land and natural resources,” said Prof Mathole.

“When African leaders took power from colonialists, they had to cope with poverty, unemployment, and other issues, but they ignored land issues. That is why Africa as a whole is poor today. Because our land and minerals are still in the hands of colonizers, Africa must rely on Ukraine for food and Europe for medical.”

Prof Mathole believes that the organization of the masses is critical as cultural revolution is the only solution to Africa’s most problems.

“We need a cultural revolution for Africa, and that revolution can only occur if the masses and people are organized. First, we need a council of African monarchs since they are the keepers of African arts, culture, and heritage. We need an African traditional health practitioners council because there is no ailment on the planet that cannot be healed by Africans; the only problem is that Africans do not harvest and process their own herbs,” he said.

Meanwhile, PAP President, H.E. Hon Chief Fortune Charumbira expressed satisfaction with the commitment displayed throughout the two-week period and said the PAP Day celebrations were befitting curtains down to the august event.

“On this high note of our two-week engagement, it is appropriate that we close our program on a high note with PAP celebrations, and I would like to thank everyone for your commitment, and please continue to be committed,” said H.E Hon Chief Charumbira.

PAP’s purpose as set out in Article 17 of the African Union Constitutive Act, is “to ensure the full participation of African people in the development and economic integration of the continent”. As it stands, the mandate of the Parliament extends to consultation and playing an advisory and oversight role for all AU organs pending the ratification protocol.

Also known as the Malabo Protocol, the Protocol to the consultative act of the AU relating to the PAP was adopted at the Assembly of Heads of State and Government summit in June 2014 and is intended to extend the powers of the PAP into a fully-fledged legislative organ. It requires a minimum of 28 countries to ratify it before it comes into force.

The commemoration of the PAP Day, therefore, serves as a reminder to the decision-makers around the continent to fulfil their commitment to the PAP by ratifying its Protocol, 17 years after sanctioning its establishment. 14 AU member states have so far ratified the Malabo Protocol.

The PAP Day commemoration also aims to educate citizens about the PAP and ignite conversations about the future of the continental Parliament in line with its mandate.

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DPP drops Kably threat to kill case

22nd March 2023

The Botswana Democratic Party (BDP) Chief Whip and Member of Parliament for Letlhakeng/Lephephe Liakat Kably has welcomed the Directorate of Public Prosecution (DPP)’s decision not to prosecute BDP councillor, Meshack Tshenyego who allegedly threatened to kill him. However, the legislator has warned that should anything happen to his life, the state and the courts will have to account.

In an interview with this publication, Kablay said he has heard that the DPP has declined to prosecute Tshenyego in a case in which he threatened to kill him adding that the reasons he received are that there was not enough evidence to prosecute. “I am fine and at peace with the decision not to prosecute over evidential deficits but I must warn that should anything happen to my life both the DPP and the Magistrate will have to account,” Kablay said.

Connectedly, Kably said he has made peace with Tshenyego, “we have made peace and he even called me where upon we agreed to work for the party and bury the hatchet”.

The DPP reportedly entered into a Nolle Prosequi in the matter, meaning that no action would be taken against the former Letlhakeng Sub-district council chairperson and currently councillor for Matshwabisi.

According to the charge sheet before the Court, councilor Tshenyego on July 8th, 2022 allegedly threatened MP Kably by indirectly uttering the following words to nominatedcouncilor Anderson Molebogi Mathibe, “Mosadi wa ga Liakat le ban aba gagwe ba tsile go lela, Mosadi wame le banake le bone ba tsile go lela. E tla re re mo meeting, ka re tsena meeting mmogo, ke tla mo tlolela a bo ke mmolaya.”

Loosely translated this means, Liakat’s wife and children are going to shed tears and my wife and kids will shed tears too. I will jump on him and kill him during a meeting.

Mathibe is said to have recorded the meeting and forwarded it to Kably who reported the matter to the police.

In a notice to the Magistrate Court to have the case against Tshenyego, acting director of Public Prosecutions, Wesson Manchwe  cited the nolle prosequi by the director of public prosecution in terms of section 51 A (30) of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana as reasons for dropping the charges.

A nolle prosequi is a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit or action.

“In pursuance of my powers under section 51 A (300 of the Constitution and section 10 of the criminal procedure and evidence act (CAP 08:02) laws of Botswana, I do hereby stop and discontinue criminal proceedings against the accused Meshack Tshenyego in the Kweneng Administrative District, CR.No.1077/07/2022 being the case of the State vs Tshenyego,” said Manchwe. The acting director had drafted the notice dropping the charges on 13th day of March 2023.

The case then resumed before the Molepolole Magistrate Solomon Setshedi on the 14th of March 2023. The Magistrate issued an order directing “that matters be withdrawn with prejudice to the State, accused is acquitted and discharged.”

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