It is an uphill battle for the Directorate of Public Prosecution (DPP) and Attorney General in the renewed pursuit of former Botswana Housing Corporation (BHC) deputy director, and fugitive, Gaolekwe Rabana. Rabana was charged for tender bribes.
Rabana fled Botswana almost 13 years ago whilst facing corruption charges in connection with the awarding of tenders for construction of BHC houses in Block 5. Charges against him are that he had accepted bribes in order for the tender to construct houses in Block 5 to be awarded to a construction company that did not qualify for the bid.
The State alleged that, in return for that, Rabana was given air tickets for him and his family to fly to Europe and America as well as money for accommodation in luxury hotels. He fled the country when the state was left with only two witnesses to call.
The Directorate on Corruption and Economic Crime then set out to find him and finally traced him to Johannesburg where he is reported to be residing with his family. After he was located, he refused to return to Botswana to face trial and this led to his extradition trial.
Gaborone attorney, Kgosiitsile Ngakaagae, who is representing Rabana challenges the extradition and wants to nullify the case. He has advised that the prosecution does not have, or has ceased to have legal basis.
According to court papers submitted at the Francistown High Court recently, Ngakaagae, through his client argues that, Director of Public Prosecutions, Leornard Sechele who was the presiding magistrate cannot be the judge in his own case.
According to the documents, Rabana is seeking relief from the case on the grounds that the Sechele is now pursuing him and on the other hand in charge of his prosecution and therefore is conflicted. “Sechele was and remains, for all intents and purposes, the presiding magistrate.
All the seventeen witnesses called in that trial testified before him as the presiding officer. Before he assumed other career interests he was a judicial officer in particular a Chief magistrate. The trial, including all seventeen witnesses was concluded before and is pending before him,” he said.
Furthermore, “That means that his Excellency the President will have to appoint him as such. Essentially he will have to take leave from DPP office or quit his job as such so as to be able to try Rabana and take the matter to its logical Conclusion,” argues the lawyer.
They further argue that alternatively, Sechele would have to wait for his contract to expire and then shift roles from being the prosecutor to a magistrate, if he is appointed as such.
“The unfairness of the aforementioned inevitable scenario is self-evident. One cannot fairly be a judge in their own case or in a case they are prosecuting or have prosecuted or have been involved in some way in a prosecutorial capacity,” argues Ngakaagae and his client. This they say is for the reasons that a prosecution must take some particular views about a suspect or an accused person even if on a prima facie basis.
“While a Magistrate, Sechele only had access to what was placed before him within the context of the judicial proceedings but now he has access to everything, admissible or inadmissible that forms part of the prosecution docket. His position has compromised him gravely and irremediably,” the applicants change.
According to the documents, Sechele is no longer legally competent to return to his former function to adjudicate over the matter saying the two offices are irreconcilable. “Given that the proceedings are no longer competent it is imperative that the record of proceedings be set aside,” they argued.
Rabana and his lawyer further challenge the legality of the case, citing section 26 of the Criminal Procedure and Evidence Act that states that the right of prosecution for any other offence except murder is barred by 20 years.
“The situation is exacerbated by the fact that it is now many years since trial started and since the last witness ceased to testify. The court’s recollection of the verbatim narrative of the witness has surely since faded,” Rabana stated.
The then Gaborone Chief Magistrate and now Director of the DPP, Sechele, presided over the matter whilst current Lobatse High Court Judge, Leatile Dambe, prosecuted. The trial suffered setbacks around 2001 when both the prosecutor and presiding officer went for studies overseas.
The case had to wait for their return before it could continue, hence the mix up. The case began in 1991 but was registered in 1995 and commenced in 2002 and faced challenges when it was nearing its end.
The newly elected Botswana Movement for Democracy (BMD) Executive Committee led by Pastor Reverend Thuso Tiego has declared their disapproval of homosexuality saying it is anti-Christianity and Botswana culture.
Speaking at a Media Briefing this past week, BMD President Tiego said Botswana has been a country that respects culture hence endorsing homosexuality will be catastrophic.
‚ÄúOur young generation grew up being taught about types of families, if homosexuality is passed, at what age will our children be introduced to homosexuality?‚ÄĚ he rhetorically asked.
He continued: ‚ÄúIf we are going to allow homosexuality then the next day, another person will come and say he wants to practice bestiality. What are we going to do because we have already allowed for this one (homosexuality) and at the end it will be a total mess.‚ÄĚ Bestiality is sexual relations between a human being and an animal
This according to Tiego will give those people an opportunity thus disrupting known Botswana beliefs. He however dismissed any notion that the decision to condemn homosexuality should not be linked to the top two of the committee who are men of cloth. ‚ÄúThis is a decision by the whole committee which respects the culture of Botswana and it should not be perceived that because we are clergymen we are influencing them, but even if we do, politics and religion are inter-related.‚ÄĚ
Of late the church and the human rights organization have been up in arms because of the high court decision to allow for same sex marriages. Ministries ganged up, petitioned parliament and threatened to vote out any legislator who will support the idea. The ruling party, BDP which was to table the amendment in the constitution, ended up deferring it.
BMD President further revealed that he is aware of what really led to the split of the party and he is on course to transform as they approach 2024 elections.
‚ÄúThere are so many factors that led to split of party amongst others being leadership disputes, personal egos and ambitions, toxic factionalism and ideological difference just to mention a few, but we are transforming the party and I am confident that we will do well in the coming elections.
In addition, Tiego is hopeful that they will take the government as they feel it is time to rebrand Botswana politics and bring in fresh blood of leaders.
He further hinted that they are coming with positive transformation as they eye to better the lives of Batswana.
‚ÄúWhen we assume government, we promise to be transparent, free and fair electoral processes and encourage pluralism as way of getting back to our roots of being a democratic country as it seems like the current government has forgotten about that important aspect,‚ÄĚ Tiego explained.
Reeling under the increasing barrage of stinging international sanctions, the isolated North Korean regime is reportedly up to its old trickery, this time in a more complicated web of murky operations that have got the authorities of five southern African countries at sixes and sevens as they desperately try to tighten their dragnet around Pyongyang‚Äôs spectral network of illicit ivory and rhino horn trade.
It is an intricate network of poaching for elephant tusks and rhino horns that spans Botswana, Mozambique, South Africa and Zimbabwe, with the main sources of the contraband being Botswana and South Africa.
The syndicate running the illegal trafficking of the poached contraband is suspected to be controlled by two shadowy North Korean government operatives with close links to one Han Tae-song, a disgraced North Korean career diplomat who, while serving as the second secretary at his country‚Äôs embassy in Harare, Zimbabwe, was expelled in 1992 after he was fingered as the mastermind behind a similar illegal ring that was busted by the country‚Äôs authorities.
This disturbing tale of malfeasance by North Korean state actors is as real as it gets.
Recent reports indicate that authorities in the source countries are jointly battling to plug holes created by the shadowy syndicate which allegedly has on its payroll, park rangers, border officials and cross-border truck drivers.
Even more disturbing are allegations that some wildlife officials are conniving in misrepresenting numbers of retrieved rhino horns and ivory from poachers and getting kickbacks for their involvement in the pilfering of ivory and rhino horns from government stockpiles especially in South Africa.
In a shocking and well-orchestrated movie-style heist in South Africa, thieves in June this year made off with 51 rhino horns after breaking into a very secure government stockpile facility of the North West Parks Board (NWPB).
While some suspects from South Africa and Malawi were nabbed in a government sting operation, none of the rhino horns – 14 of which were very large specimens that can fetch serious money on the black market ‚Äď were recovered.
A report of the heist said the police were lethargic by eight hours in responding to an emergency alert of the robbery which was described by North West police spokesperson Brigadier Sabata Mokgwabone as ‚Äú‚Ä¶ a case of business robbery‚Ä¶‚ÄĚ
Thabang Moko, a security analyst in Pretoria says the military precision in the burglary, delays in police response, and failure to recover the stolen rhino horns is dubious. ‚ÄúThis development lends credence to suspicions that some government officials could be part of a shadowy syndicate run by foreign buyers of rhino horns and ivory,‚ÄĚ Moko says.
It is understood that in light of the rhino horns heist in North West, South Africa‚Äôs Minister of Environment, Forestry and Fisheries, Barbara Creecy on 1 August, shared her concerns to her counterparts in Botswana, Zimbabwe and Mozambique calling for greater regional cooperation to combat the illegal wildlife trafficking which she believes is being masterminded by the Far East‚Äôs buyers of the ill-gotten horns and ivory.
It is believed that foreign kingpins involved in perpetuating the illegal trade are mainly North Koreans vying against Vietnamese and Cambodian buyers in the quest for dominance of the illicit trade in rhino horns and ivory sourced from southern Africa.
Creecy‚Äôs concerns, which she also shared to South Africa‚Äôs state-run broadcaster SABC, echoed Moko‚Äôs worries that the North West heist may have been an inside job.
According to Creecy, there was a need for the International Criminal Police Organisation (Interpol)‚Äôs greater involvement in joint investigations by affected countries as there were indications of ‚Äėlocal knowledge‚Äô of the North West job and that syndicates, ‚ÄúHigher up the value chain actually recruit park rangers to the illegal ivory trade network.‚ÄĚ
Botswana‚Äôs Environment and Tourism Minister Philda Kereng is on national record admitting that poaching was a source of headaches to her government, especially considering that the daring poachers were making successful incursions into secure areas protected by the Botswana Defence Force (BDF).
This came after poachers gunned down two white rhinos at the BDF-protected Khama Rhino Sanctuary in August 2022 despite Kereng putting the time frame of the killings between October and November 2022.
Kereng hinted at the existence of Asian controlled syndicates and acknowledged that the surge in poaching in Botswana is driven by the ‚Äúincreased demand¬†for rhino horn on the international market‚ÄĚ where in Asia rhino horns are believed to be potent in traditional medicines and for their imagined therapeutic properties.
Botswana has in the past recorded an incident of a group of an all-Asian reconnaissance advance team teams being nabbed by the country‚Äôs intelligence service in the Khama Rhino Sanctuary.
Masquerading as tourists, the group, with suspected links to North Korea and China, was discovered to be collecting crucial data for poachers.
Also according to reliable information at hand, an undisclosed number of wildlife parks rangers were arrested between September 2022 and January this year, after information surfaced that they connived in the smuggling of rhino horns and ivory from Botswana.
One of the rangers reportedly admitted getting paid to falsify information on recovered horns and ivory which were smuggled out of the country through its vast and porous eastern border with South Africa, and making their way to their final destination in Mozambique via back roads and farmlands in South Africa and Zimbabwe.
‚ÄúWe are aware that in the past year, some rhino horns and ivory illegally obtained from Botswana through poaching activities and shady deals by some elements within our wildlife and national parks department, have found their way out of the country and end up in Mozambique‚Äôs coastal ports for shipment to the Far East,‚ÄĚ a Department of Wildlife and National Parks (DWNP) source says.
Independent investigations reveal that two North Korean buyers, one of them only identified as Yi Kang-dae [confirmed to be an intelligence official in the country‚Äôs state security apparatus], acting on behalf of the disgraced Han Tae-song, financed the entire operation on two occasions between 2022 and 2023, to move at least 18 rhino horns and 19 elephant tusks from Botswana, including pay-offs – mostly to border patrol and customs officials for safe passage – along the knotty conduit across South Africa‚Äôs north western lands, then across south-eastern Zimbabwe into Mozambique.
According to a trusted cross-border transport operator in Zimbabwe, the rhino horns and elephant tusks were illegally handed over to smugglers in Mozambique at an obscure illegal crossing point 15km north of Zimbabwe‚Äôs Forbes Border Post in November 2022 and February this year.
The end buyers in Mozambique? ‚ÄúIt is quite an embarrassment for us, but we have solid evidence that two North Korean buyers, one of them who is linked to a former notorious diplomat from that country who has been in the past involved in such illegal activities in Zimbabwe, oversaw the loading of rhino horns and ivory onto a China-bound ship from one of our ports,‚ÄĚ a top government source in Maputo said before declining to divulge more information citing ongoing investigations.
Yi Kang-dae and his accomplice‚Äôs whereabouts are presently unclear to Mozambican authorities whose dragnet reportedly recently netted some key actors of the network. Han Tae-song currently serves as North Korea‚Äôs ambassador to the United Nations in Switzerland.
North Korean diplomats have in the past used Mozambique as a final transit point for the shipment of rhino horns to the Far East.
In May 2015, Mozambican authorities nabbed two North Koreans, one of them a Pretoria-based diplomat and political counsellor identified as Pak Chol-jun after they were caught in possession of 4.5kg of rhino horn pieces and US$100,000 cash.
Pak‚Äôs accomplice, Kim Jong-su, a Taekwondo instructor also based in South Africa, was fingered as a North Korean spy and returned to North Korea under suspicious circumstances on the heels of Pak‚Äôs expulsion from South Africa in November 2016.
A security source in Zimbabwe closely following current developments says there is a big chance that Han Tae-song may have revived the old smuggling network he ran while posted in Zimbabwe in the 90s.
‚ÄúThe biting international sanctions against North Korea in the past decade may have prompted Han to reawaken his network which has been dormant for some time,‚ÄĚ the source says. ‚ÄúThere is no telling if the shady network is dead now given that Han‚Äôs two front men have not been nabbed in Mozambique. More joint vigilance is needed to destroy the operation at the source and at the end of the line.‚ÄĚ
North Korean diplomats have, as early as October 1976, been fingered for engaging in illegal activities ranging from possession of and trade in ivory pieces, trade in diamonds and gold, the manufacture and distribution of counterfeit currencies, pharmaceuticals, and the sale on the black market, of a paraphernalia of drugs, cigarettes, alcohol and other trinkets on the back of protracted and biting international sanctions against the reclusive state for its gross human rights abuses against its own people and flagrant nuclear tests.
These illegal activities, according to a US Congressional Research Service (CRS) report, have raked in at least US$500m annually for the Pyongyang regime. Other global studies estimate that North Korea‚Äôs illegal earnings from the black market are around $1bn annually, and are being channelled towards the country‚Äôs nuclear weapons programme, while ordinary North Koreans continue to die of mass starvation.
In February 2014, Botswana, citing systematic human rights violations, severed ties with North Korea with the former‚Äôs president Mokgweetsi Masisi (then vice president) calling North Korea an ‚Äėevil nation‚Äô on 23 September 2016, at a United Nations General Assembly forum in Washington, USA.
Botswana has¬†close to 132,000¬†elephants, more than any of its four neighbouring countries, namely Angola, Namibia, Zambia and Zimbabwe, according to a 2022 Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) Elephant Survey.
The rhino population in Botswana has significantly dwindled, with poaching a leading cause of the decimation of the country‚Äôs rhinos. Despite dehorning and relocating its diminishing rhino population from the extensive Okavango Delta to undisclosed sanctuaries, Botswana has since 2018, lost 138 rhinos to poachers.
The sharp spike in rhino poaching in Botswana came after the country‚Äôs government made a controversial decision to disarm park rangers in early 2018.
In a statement delivered in November 2022 to the Convention on International Trade in Endangered Species (CITES) CoP-19 in Panama, the Botswana government instead blamed the surge in poaching to a shift of foreign-sponsored organised poaching organisations from South Africa to Botswana.
‚ÄúThis increase in rhino poaching in Botswana coincided with a decline of rhino poaching in South Africa from 2018 to 2020, suggesting a displacement of the poaching syndicates from South Africa to Botswana,‚ÄĚ the statement reads. ‚ÄúThe recent decline in rhino poaching in Botswana (2021 and 2022, relative to 2020) coincides with the increase in rhino poaching in Namibia and South Africa, further suggesting displacement of the poaching syndicates across the sub-region.‚ÄĚ
According to the Botswana government, as of 13 November 2022 the country has secreted its shrinking rhinos (only 285 white rhinos and 23¬†black rhinos) in undisclosed locations within the country‚Äôs borders.
South Africa has close to 15,000 rhinos. Between January and June 2022 alone, poachers killed 260 rhinos in South Africa for their horns. The country is home to the majority of Africa‚Äôs white rhinos, a species whose existence remains under threat of extinction due to poaching.
The major threat posed by foreign state actors including those from North Korea, to southern Africa‚Äôs rhino and elephant population remains grim as the bulk of the rhino horns and elephant tusks reportedly continue finding their way to the Far East, where China is being used as the major distribution centre.