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‘Charge Isaac Kgosi’

The omission of the Directorate of Intelligence and Security Services (DISS) Director General Isaac Kgosi from prosecution in the ongoing case of money laundering involving Bakang Seretse and company has opened a can worms.

It is understood that Seretse has divulged in his affidavit before court that the P250 million transfers to an Israeli company named Dignia Systems’s bank account were at the written instruction of the DIS chief. Dr. Obolokile Obakeng, acting Permanent Secretary in the Ministry of Minerals, Green Technology and Energy Security, is said to have authorised the variation at the request of the DIS.

High Court Judge Godfrey Radijeng has also stated in his judgement in December that “the applicant averred that the P250 million disbursement to a Khulaco (Pty) Ltd account at Capital Bank was not approved by the NPF Management Committee, did not follow established procedure for disbursements, there was no tender for the project, and one Kenneth Kerekang alone purported to approve the request by the Directorate of Intelligence and Security (DIS) on same date (7th August 2017) the request was made by DIS.”

Seretse’s lawyer, a Gaborone based audacious attorney, Kgosietsile Ngakaagae also has stated this week when his clients appeared for mention before the Broadhurst Magistrate Court having moved from Gaborone Regional Magistrate south, Christopher Gabanagae that Kgosi should also be prosecuted in the matter.

Ngakaagae told court in his oral submissions that the Directorate on Corruption and Economic Crime (DCEC) says that they have a case with them to answer for, “we say bring it on, and I must say they must bring other people. We will be talking about them as we go forward.”

When the Magistrate interjected to ask who he was referring to, he mentioned DIS boss Isaac Kgosi, Dr. (Obolokile) Obakeng from the Ministry of Minerals, Green Technology and Energy Security;saying they must bring all the other people from government who are involved in this matter.

Seretse threatened that if they failed to do so, “and I had thought I would leave this note for the future but we will file for the review of the DPP’s decision not to charge these individuals if at all my clients are guilty. We will not bow down to selective justice at the hands of DPP and government. We will then ask for a review of their decision.” So next time, he said Isaac Kgosi will have to sit there (pointing) in the docket including Dr. Obakeng and the others left out in the matter.

When he stated this, the Director of Prosecution Ambrose Mobika (DPP) rose to say that was not the issue that was brought by Ngakaagae. In turn Ngakaagae defended himself saying it was an instant answer that was asked by the Magistrate as to whom he was referring to by those people. Outside the Regional Magistrate court, after the hearing, Ngakaagae told WeekendPost that they have always been asking the DCEC that if at all his clients are guilty, why then are particular people not being prosecuted.

“And then all we get is harassment from the DCEC. The main issue is we are questioning power and because we are questioning power we are being harassed. Our clients are being harassed simply because they are demanding answers as to why some people like Kgosi are not being charged when they were charged when the initiators of the corruption have been left out,” he said.

According to Ngakaagae, one cannot say someone transferred 250 million pula at the instruction of someone, and then only the one who transferred the funds gets charged while the instructor gets left out.  He said DCEC is a hopeless department that does not fight corruption but protects it adding that this simple act of “selective charging” is in of itself simple an act of corruption done by the DCEC.

“And we will not back off in demanding that things be done properly. We are not going to back off, neither are we going to be intimated, we are not scared, indeed they can shoot us and do whatever they want to do to us. But we are going to deal with this matter in our best judgement in terms of our best discretion and we are going to leave no stone unturned to ensure that there is no selective justice,” the oddball attorney pointed out. 

He continued: “if our clients have committed any offence so be it, let them be charged but if anyone else has committed the offence that they are alleged to have committed then let that same people suffer the same treatment.”  Ngakaagae went on to state that they are not going to allow Seretse and the co-accused to become scape goats for what the executive did. “It is absolute rubbish,” he added in a poignant voice.

When further quizzed by this publication on his assessment on why Kgosi was not charged he stated that “the trouble is I cannot discuss the merits of the trial as it will be unlawful. I will be in trouble with Magistrate if I try to do that. Right now am not going into the merits of the trial.” He added that “I am simply asking why if at all it is said my clients stole the money, then why are those people who came up with the instruction for the money to be transferred (DIS) not in the court, that’s all we asking.”

He however said he is not sure whether the exclusion of Kgosi in the case would or would not jeopardize the case and that therefore it’s upon the DPP to make judgement in that regard. According to Ngakaagae, his clients have not committed any offence. “I want everyone to understand that. If at all having to transfer money was an offence then it was an offence by those who told him to do so. So that’s essentially the long and short of what I am saying,” he said.   

When WeekendPost approached the DPP to respond to Ngakaagae’s comments on Kgosi after the court session he said that “nnyaa o bua hela, nnyaa o bua hela (he is just lying to the court),” that is why I was objecting that no it cannot be the case.”
When pressed further to state if they could have charged Kgosi and others he insisted “I have no idea,” and then refused to comment further. Kgosi’s mobile phone also rang unanswered at the time of going to print.

This publication also sought clarity from Ngakaagae about the letter written to the Attorney General implicating the President, Vice president, Ministers together with Isaac Kgosi that they may have benefitted somehow from the controversial 250 million pula from the National Petroleum Fund (NDF) which the DPP has charged his clients on as proceeds of crime.

On the authenticity of the controversial letter, Ngakaagae could only reluctantly say: “no comment, I can’t comment on that. I can’t comment on any letter especially those said to have been leaked or edited. I can’t comment on that.” The letter had also implied that there are some within the Intelligence community that plan to kill Bakang Seretse and those associated with him.

“We have been put under instructions to advice the public of the intentions thereof. The Commissioner of Police and the Directorate on Corruption and Economic Crime (DCEC) have already been alerted of the threat. As indicated in the correspondence, we will be proceeding in our own deliberate judgement and will not be intimidated by the threats, however grave,” he asserted in the said letter. In light of the afore-going threats, Ngakaagae stated that the state shall be held responsible for the deaths of his clients, their attorneys thereof or their family members.

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The Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katholo has revealed why he took a decision to engage private lawyers against the State. The DCEC boss engaged Monthe and Marumo Attorneys in his application to interdict the Directorate of Intelligence and Security (DIS) from accessing files and dockets in the custody of the corruption busting agency.

In his affidavit, Katholo says that by virtue of my appointment as the Director General of the DCEC, he is obliged to defend the administration and operational activities of the DCEC. He added that, “I have however been advised about a provision in the State Proceedings Act which grants the authority of public institution to undertake legal proceedings to the Attorney General.” Katholo contends that the provision is not absolute and the High Court may in the exercise of its original jurisdiction permit such, like in this circumstance authorise such proceedings to be instituted by the DCEC or its Director General.

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While party splits were not synonymous with the BDP for the better part of its existence, the party suffered two splits in the last 12 years; the first in 2010 when a Barataphathi faction broke ranks to found the now defunct Botswana Movement for Democracy (BMD). The Barataphathi faction was in the main protesting the ill-treatment of then recently elected party secretary general, Gomolemo Motswaledi, who had been suspended ostensibly for challenging the authority of then president, Ian Khama.

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Uzair and his wife went to settle in Dubai, the latter’s birthplace. He stayed in touch and was working for a real estate company owned by Mr. Sameer Lakhani. “Our understanding is that Uzair approached Mr. Abdoola to utilize their services for any property-related interests in Dubai. He did some work for Mr.Abdoola and others in the Botswana business community,” narrates a friend of Mr Abdoola.

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