Controversial former Botswana Democratic Party (BDP) National Youth Executive Committee Chairperson Contender Jerry Chitube has been cleared of criminal activities in Botswana.
Chitube is a Zambian national who was declared a prohibited immigrant after he raised eye brows as a surprise runner for the BDP Youth Wing congress in Masunga raising some shock waves in the party. At the time Chitube was little known in the party but splashed a lot of cash and commanded massive respect until the February 2015 when security agents pounced on him as he readied himself for the BDP youth league chairmanship ballot vote.
Information turned up suggests that the Zambian master spy, who was also linked to the national secret agency Directorate of Intelligence and Security Services (DISS), had infiltrated the BDP and had striking ambition that rocket much higher than the position of chairperson of the BDP Youth League. He claimed that the BDP was grooming him to be president. Local media was awash with news that thereafter the contentious Chitube was deported after alleged corrupt deals with some senior ruling BDP members.
Before deportation, a criminal trial was registered on the 17th May 2014 in which two of the witnesses in their statements “implicated Chitube as a key player in committing an offence of obtaining (huge sums of money) by false pretences” and as a person to whom they handed the sums of money to.
In the case that just ended in the highest court in the land last week, the appellants; Moment Chidube, Biki Ishmael Kadimo and Thabiso Mokgadi and several others are facing a criminal trial before the Magistrate’s court on several offences related to and arising from a criminal enterprise in which a company named Lodisa (Pty) Ltd was allegedly defrauded of substantial sums of money and one of its officers robbed.
At the heart of the appeal was the issue of whether the State has violated the appellants right to a fair trial enshrined under section 10(2) (e) of the constitution by excluding Chitube on the matter as he was deported. When arguing the matter, Chitube’s attorney Advocate Mpho Morapedi pointed out that although Chitube was implicated as a key offender he was neither cited as an accused nor listed as one of the prosecution witnesses.
Counsel submitted that as Chitube was a key role player but was neither charged nor listed as a witness the defence intended to call him as their witnesses. He informed the court that it was common cause that Chitube was no longer in the jurisdiction he having been declared a prohibited immigrant and deported from the country. He sought an undertaking from the prosecution for Chitube to be allowed back into the country to give evidence on behalf of the defence should the defence need him.
When making a ground breaking judgement on the marathon case on Friday, Court of Appeal panel of 5 Judges; Justice Ian Kirby, Justice Isaac Lesetedi, Justice Singh Walia, Justice Jacobus Brand and Justice Craig Howie ruled that: “in such cases there is no prejudice which can be shown let alone resulting in an unfair trial.”
The Judges continued: “the appellants have failed on this test, the referral stood to fail and the High Court having so found, it is unnecessary to consider whether the High Court was in error in finding that the requirements for the grant of a permanent stay of prosecution had not been me by the appellants.”
They highlighted that it has not been shown that Chitube having been shown to be a necessary and material witness required by the president for restricted re-entry in this regard and if so that such has been refused, or that such an application if made is bound to fail. “For it will be an abuse of right to put the State to expense in bringing from abroad a prohibited immigrant who may either be unwilling to give evidence e or whose evidence is not material or favorable to the party seeking to call it.”
It will even be inimical to the rule of law and the public interest to permanently stay a criminal prosecution on such serious charges merely because of the absence of a witness whose evidence may not be material to the trial let alone favourable to an accused who merely alleges that he will be prejudiced by the absence of the witness, the Judges insisted.
Essentially three grounds were advanced on the appeal, which cleared Chitube that “High Court fundamentally misdirected itself in law in holding that the appellants failed to demonstrate that their constitutional right to a fair trial will be prejudiced by the unavailability of Jerry Chitube.”
In addition the CoA ruled that the High Court erred in holding that the materiality of Jerry Chitube has not been sufficiently traversed to enable the court to fathom and determine the materiality and favourability of such testimony to the appellants’ case. Advocate Mpho Garebatho and Lore Morapedi stood in for the appellants while the State was represented by Gonayaone Ketlhapetswe. Meanwhile Chitume still remains a prohibited immigrant.
Botswana Police Service (BPS) has indicated concern about the ongoing trend where the general public falls victim to criminals purporting to be police officers.
According to BPS Assistant Commissioner, Dipheko Motube, the criminals target individuals at shopping malls and Automated Teller Machines (ATMs) where upon approaching the unsuspecting individual the criminals would pretend to have picked a substantial amount of money and they would make a proposal to the victims that the money is counted and shared in an isolated place.
“On the way, as they stop at the isolated place, they would start to count and sharing of the money, a criminal syndicate claiming to be Criminal Investigation Department (CID) officer investigating a case of stolen money will approach them,” said Motube in a statement.
The Commissioner indicated that the fake police officers would instruct the victims to hand over all the cash they have in their possession, including bank cards and Personal Identification Number (PIN), the perpetrators would then proceed to withdraw money from the victim’s bank account.
Motube also revealed that they are also investigating a case in which a 69 year old Motswana woman from Molepolole- who is a victim of the scam- lost over P62 000 last week Friday to the said perpetrators.
“The Criminal syndicate introduced themselves as CID officers investigating a case of robbery where a man accompanying the woman was the suspect.’’
They subsequently went to the woman’s place and took cash amounting to over P12 000 and further swindled amount of P50 000 from the woman’s bank account under the pretext of the further investigations.
In addition, Motube said they are currently investigating the matter and therefore warned the public to be vigilant of such characters and further reminds the public that no police officer would ask for bank cards and PINs during the investigations.
Botswana Congress Party (BCP) leadership walked out of Umbrella for Democratic Change (UDC) National Executive Committee (NEC) meeting this week on account of being targeted by other cooperating partners.
UDC meet for the first time since 2020 after previous futile attempts, but the meeting turned into a circus after other members of the executive pushed for BCP to explain its role in media statements that disparate either UDC and/or contracting parties.
The Director General of the Directorate on Corruption and Economic Crimes (DCEC), Tymon Katlholo’s spirited fight against the contentious transfers of his management team has forced the Office of the President to rescind the controversial decision. However, some insiders suggest that the reversal of the transfers may have left some interested parties with bruised egos and nursing red wounds.
The transfers were seen by observers as a badly calculated move to emasculate the DCEC which is seen as defiant against certain objectionable objectives by certain law enforcement agencies – who are proven decisionists with very little regard for the law and principle.