Bakang Seretse wants his millions back
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.
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Nigerians, Zimbabweans apply for Chema Chema Fund
Fronting activities, where locals are used as a front for foreign-owned businesses, have been a long-standing issue in Botswana. These activities not only undermine the government’s efforts to promote local businesses but also deprive Batswana of opportunities for economic empowerment, officials say. The Ministry of Trade and Industry has warned of heavy penalties for those involved in fronting activities especially in relation to the latest popular government initiative dubbed Chema Chema.
According to the Ministry, the Industrial Development Act of 2019 clearly outlines the consequences of engaging in fronting activities. The fines of up to P50,000 for first-time offenders and P20,000 plus a two-year jail term for repeat offenders send a strong message that the government is serious about cracking down on this illegal practice. These penalties are meant to deter individuals from participating in fronting activities and to protect the integrity of local industries.
“It is disheartening to hear reports of collaboration between foreigners and locals to exploit government initiatives such as the Chema Chema Fund. This fund, administered by CEDA and LEA, is meant to support informal traders and low-income earners in Botswana. However, when fronting activities come into play, the intended beneficiaries are sidelined, and the funds are misused for personal gain.” It has been discovered that foreign nationals predominantly of Zimbabwean and Nigerian origin use unsuspecting Batswana to attempt to access the Chema Chema Fund. It is understood that they approach these Batswana under the guise of drafting business plans for them or simply coming up with ‘bankable business ideas that qualify for Chema Chema.’
Observers say the Chema Chema Fund has the potential to uplift the lives of many Batswana who are struggling to make ends meet. They argue that it is crucial that these funds are used for their intended purpose and not siphoned off through illegal activities such as fronting. The Ministry says the warning it issued serves as a reminder to all stakeholders involved in the administration of these funds to ensure transparency and accountability in their disbursement.
One local commentator said it is important to highlight the impact of fronting activities on the local economy and the livelihoods of Batswana. He said by using locals as a front for foreign-owned businesses, opportunities for local entrepreneurs are stifled, and the economic empowerment of Batswana is hindered. The Ministry’s warning of heavy penalties is a call to action for all stakeholders to work together to eliminate fronting activities and promote a level playing field for local businesses.
Meanwhile, the Ministry of Trade and Industry’s warning of heavy penalties for fronting activities is a necessary step to protect the integrity of local industries and promote economic empowerment for Batswana. “It is imperative that all stakeholders comply with regulations and work towards a transparent and accountable business environment. By upholding the law and cracking down on illegal activities, we can ensure a fair and prosperous future for all Batswana.”
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Merck Foundation and African First Ladies mark World Health Day 2024
Merck Foundation, the philanthropic arm of Merck KGaA Germany marks “World Health Day” 2024 together with Africa’s First Ladies who are also Ambassadors of MerckFoundation “More Than a Mother” Campaign through their Scholarship and Capacity Building Program. Senator, Dr. Rasha Kelej, CEO of Merck Foundation emphasized, “At Merck Foundation, we mark World Health Day every single day of the year over the past 12 years, by building healthcare capacity and transforming patient care across Africa, Asia and beyond.
I am proud to share that Merck Foundation has provided over 1740 scholarships to aspiring young doctors from 52 countries, in 44 critical and underserved medical specialties such as Oncology, Diabetes, Preventative Cardiovascular Medicine, Endocrinology, Sexual and Reproductive Medicine, Acute Medicine, Respiratory Medicine, Embryology & Fertility specialty, Gastroenterology, Dermatology, Psychiatry, Emergency and Resuscitation Medicine, Critical Care, Pediatric Emergency Medicine, Neonatal Medicine, Advanced Surgical Practice, Pain Management, General Surgery, Clinical Microbiology and infectious diseases, Internal Medicine, Trauma & Orthopedics, Neurosurgery, Neurology, Cardiology, Stroke Medicine, Care of the Older Person, Family Medicine, Pediatrics and Child Health, Obesity & Weight Management, Women’s Health, Biotechnology in ART and many more”.
As per the available data, Africa has only 34.6% of the required doctors, nurses, and midwives. It is projected that by 2030, Africa would need additional 6.1 million doctors, nurses, and midwives*. “For Example, before the start of the Merck Foundation programs in 2012; there was not a single Oncologist, Fertility or Reproductive care specialists, Diabetologist, Respiratory or ICU specialist in many countries such as The Gambia, Liberia, Sierra Leone, Central African Republic, Guinea, Burundi, Niger, Chad, Ethiopia, Namibia among others. We are certainly creating historic legacy in Africa, and also beyond. Together with our partners like Africa’s First Ladies, Ministries of Health, Gender, Education and Communication, we are impacting the lives of people in the most disadvantaged communities in Africa and beyond.”, added Senator Dr. Kelej. Merck Foundation works closely with their Ambassadors, the African First Ladies and local partners such as; Ministries of Health, Education, Information & Communication, Gender, Academia, Research Institutions, Media and Art in building healthcare capacity and addressing health, social & economic challenges in developing countries and under-served communities. “I strongly believe that training healthcare providers and building professional healthcare capacity is the right strategy to improve access to equitable and quality at health care in Africa.
Therefore, I am happy to announce the Call for Applications for 2024 Scholarships for young doctors with special focus on female doctors for our online one-year diploma and two year master degree in 44 critical and underserved medical specialties, which includes both Online Diploma programs and On-Site Fellowship and clinical training programs. The applications are invited through the Office of our Ambassadors and long-term partners, The First Ladies of Africa and Ministry of Health of each country.” shared Dr . Kelej. “Our aim is to improve the overall health and wellbeing of people by building healthcare capacity across Africa, Asia and other developing countries. We are strongly committed to transforming patientcare landscape through our scholarships program”, concluded Senator Kelej.
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Interpol fugitive escapes from Botswana
John Isaak Ndovi, a Tanzanian national embroiled in controversy and pursued under a red notice by the International Criminal Police Organization (Interpol), has mysteriously vanished, bypassing a scheduled bail hearing at the Extension 2 Magistrate Court in Gaborone. Previously apprehended by Botswana law enforcement at the Tlokweng border post several months earlier, his escape has ignited serious concerns.
Accused of pilfering assets worth in excess of P1 million, an amount translating to roughly 30,000 Omani Riyals, Ndovi has become a figure of paramount interest, especially to the authorities in the Sultanate of Oman, nestled in the far reaches of Asia.
The unsettling news of his disappearance surfaced following his failure to present himself at the Extension 2 Magistrate Court the preceding week. Speculation abounds that Ndovi may have sought refuge in South Africa in a bid to elude capture, prompting a widespread mobilization of law enforcement agencies to ascertain his current location.
In an official communiqué, Detective Senior Assistant Police Commissioner Selebatso Mokgosi of Interpol Gaborone disclosed Ndovi’s apprehension last September at the Tlokweng border, a capture made possible through the vigilant issuance of the Interpol red notice.
At 36, Ndovi is implicated in a case of alleged home invasion in Oman. Despite the non-existence of an extradition treaty between Botswana and Oman, Nomsa Moatswi, the Director of the Directorate of Public Prosecution (DPP), emphasized that the lack of formal extradition agreements does not hinder her office’s ability to entertain extradition requests. She highlighted the adoption of international cooperation norms, advocating for collaboration through the lenses of international comity and reciprocity.
Moatswi disclosed the intensified effort by law enforcement to locate Ndovi following his no-show in court, and pointed to Botswana’s track record of extraditing two international fugitives from France and Zimbabwe in the previous year as evidence of the country’s relentless pursuit of legal integrity.
When probed about the potential implications of Ndovi’s case on Botswana’s forthcoming evaluation by the Financial Action Task Force (FATF), Moatswi reserved her speculations. She acknowledged the criticality of steering clear of blacklisting, suggesting that this singular case is unlikely to feature prominently in the FATF’s assessment criteria.