Justice Godfrey Dijeng has reserved judgement on whether accounts belonging to disgraced businessman, Bakang Seretse and his co-accused should be unfrozen. Seretse is entangled in a multimillion money laundering case along with other who’s who of this country.
The attorneys of the two parties had to fight tooth and nail at the Gaborone High Court last week to convince the judge to allow Seretse access to his personal accounts. The Directorate on Corruption and Economic Crime (DCEC) was recently granted a restraining order by the High court to freeze several of Seretse’s accounts while awaiting investigations into his landmark money laundering case.
In the landmark case that rocked the country towards the end of last year, Seretse and two other co-accused, Botho Leburu and Kenneth Kerekang were alleged to have between September, 05, 2017 and November, 27, 2017 in Gaborone, illegally received over P320 million from the National Petroleum Fund (NPF). The trio was granted bail by the Gaborone Regional Magistrate and will appear in court on January 25, 2018 for mention.
Appearing before Justice Dijeng last week, the respondent’s attorney, Kgosietsile Ngakaagae implored the court to discharge the restraining order against his client, saying that his client should be allowed access to his personal accounts. The Directorate of Public Prosecutions (DPP) on 13 December applied for an ex parte application against Seretse’s properties and credit account balances. Ngakaagae contended that though it was not in dispute that the P69 million belonged to government, the money should not be released to the government, but be kept in the government’s account as the receiver pending the determination of whether the funds are proceeds of crime. “All we want is what we are entitled to, not what government is entitled to,” Ngakaagae argued.
He went on to argue that the key players in the ‘money laundering movie’ were walking free men, saying the law enforcement officials were afraid of them. “The DIS boss, Isaac Kgosi and permanent secretary in the ministry Dr Obakeng who were authorising the transactions have not been charged or accused.” Ngakaagae further said he had filed as evidence in court, letters of communication which show that the deal was above his clients, Seretse and Kerekang.
“It was a ministerial issue which involved people at the top. My clients were just working on instructions.” Ngakaagae argued that if indeed this was a money laundering scheme, it should then involve the source. If it is a money laundering scheme, why have Kgosi and Dr Obakeng not been charged?” he questioned. “Kgosi has paid P118 million to a company in Israel, and DPP is just running away from this reality.”
According to Ngakaagae, the money was properly released in all the transactions that involved his clients as transactions were made with the best knowledge of the ministry. “If not, then Kerekang and Kgosi have stolen the money as they were the ones authorising the transactions. And they should be put to jail,’’ Ngakaagae submitted. He said to his surprise, the DCEC had instead of taking Kgosi to task, spoke gloriously of Kgosi and praised him saying allegations levelled against Kgosi by the respondent were uninformed and amounted to gossip. “This is really lack of integrity by the DCEC,” decried Ngakaagae.
On his part, the attorney for DPP, Ernest Mosate urged the court to throw out Ngakaagae’s submissions saying Ngakaagae was misleading the court as to what was supposed to be argued on the preliminary stage. Mosate cited that Ngakaagae’s arguments were immaterial to the case at hand. “The question of whether anyone has been charged with what is immaterial at this stage. “We should confine ourselves with issues that need to be addressed at this point in time,” he charged.
Mosate further told the court that at the preliminary stage, “prove beyond probability is not applicable. What is required is that that there might be a conviction”. He also stated that in the applicable test for the restraining order it was not applicable for them to talk about charges. It was then that Judge Dijeng asked Mosate what evidence then should the court consider if there were no charges, to which Mosate’s responded the investigating officer had to point out the alleged criminal activity. “The IO will identify the possible legal violations of status, possible offences that arise,” before adding, “And clearly he has done that.”
Mosate stressed that “who wrote to whom, did not matter, as two wrongs do not make a right”. “The point is there has been a violation of the Fund Order,” he said. Mosate told the court that Seretse was also involved in a conflict of interest as he was a managing director of Kgori which dispersed the shares to Khulaco PTY (ltd) which Seretse is also a director in.
The court also heard that Seretse took the P42 million belonging to the DIS and laundered it, and put it in different accounts. “This is money laundering…we need not to go further,’’ submitted Mosate, further praying that Ngakaage be dismissed as he dealt with the matter as if he was dealing with the substantive case.
The court will deliver the judgment on the 12th January.
In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).
The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.
Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.
Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.
The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.
This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).
The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.
The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.
In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.
Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.
Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.
“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.
Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.
“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.
The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.
UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.
Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.
Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.
Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”
Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.
FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS
With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.
BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.
BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.
It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.
Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”
It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.
At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.
Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.
Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.
BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.
The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.
By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.
In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.
“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.
“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.
The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.
All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.
“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.
Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.
Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.
COVID-19 RAVAGES POLICE
As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.
“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.
The cops further complain about that working spaces are small, as such expose them to contact the virus.
“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.
The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.
“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.