Police killed suspect, concealed evidence – Lawyer
A police officer has been accused of assaulting and killing an armed robbery suspect and conniving with other police officers to conceal the truth.
Gaborone based private attorney, Martin Dingake suspects that Constable Mudongo Mudongo of the Criminal Investigation Department (CID), formerly based at Molepolole Police Station has everything to do with the disappearance of the Molepolole man, Olefile Momphitlhi who went missing while on Police custody in 2011 under suspicious circumstances.
Dingake further blamed the Police for the mysterious disappearance of vital Police records that could have connected the Police to the brutality.
“Mr Mudongo, I put it to you that you assaulted Mr Olefile Momphitlhi and as a result of the assault you inflicted on him, he died whilst in your hands…I further put to you Mr Mudongo that you then disposed off his body…I put it to you Mr Mudongo that after disposing the body you went on a grand scheme from then up to today to conceal the truth and you refuse to take responsibility for the consequence of your actions,” Dingake challenged Mudongo before the Lobatse High court on Wednesday this week.
When Mudongo denied the accusation Dingake further accused him of peddling lies with intention to deceive the court and defeating the ends of justice.
“You know deep down what you did to Olefile Momphitlhi and his body and that you will do everything at your disposal to crash anything done by anyone seeking to expose the truth. And you lie, repeatedly and that is why you, Kristen and Phuku fail to state the facts of what transpired that night. Each one of you has a different story. You are not telling the truth,” Dingake asserted.
Kristen and Phuku are Police officers who were with Mudongo when Momphitlhi went missing, who have all denied ever laying a hand on him. However a suspect who was in the same police holding cell with Momphitlhi on the night of 7 August, 2011 told the court that he heard Momphitlhi’s agonising screams that night and that he knew that the Police were torturing him as they had threatened to do so if he refused to tell the truth about the getaway car which was used during the armed robbery.
The same cellmate, Mothusi Popego was a suspect in the same robbery case that Momphitlhi was arrested for and he told the court that he was also brutally assaulted by the same officers before Momphitlhi’s arrest.
Momphitlhi was the last of the three suspects in the armed robbery case to be arrested. He handed himself to the Police after hearing that they were looking for him. His car was used in the robbery a few days earlier at Taj filling station in Molepolole where about P300 000 was stolen.
Mudongo admitted before the court that he was excited upon arresting the last witness. Dingake then suggested that in the excitement, the officer assaulted the suspect when he could not give him the information he wanted.
Contradicting statements by Police Officers
All the Police witnesses who appeared before court maintained that Momphitlhi escaped at Old Naledi where he had led the police as he said the car was there. He had allegedly said the car was in his uncle’s possession.
However the three police officers who were with him then, differ on critical details of the alleged escape. In fact Mudongo dismissed some of the evidence brought forward by the Police as untrue. He also admitted that he had made errors in his own submissions before the court which Dingake found to be deliberate and well planned errors whose sole intention was to frustrate and destroy the evidence.
Dingake found several actions of the police in dealing with Momphitlhi quite suspicious. Firstly when the officers “took” Momphitlhi to Old Naledi they did not record the action in the occurrence book as is required by police procedure. Mudongo said they had forgotten to make the record. Secondly Mudongo said he had given Momphitlhi all his belongings which were taken from him at detention time. The property according to Mudongo included his mobile phone, cap and shoes.
Even the Judge found it strange that a suspect in an armed robbery could be given a mobile phone while in police custody but Mudongo said they had to give it to him so that if need arose, he could call the Uncle whom he said was in possession of the car.
Thirdly, the suspect was not hand cuffed when he left the police station and Mudongo said they found no need to bind his movement as they trusted him because he had handed himself to the police.
Also, the three officers submitted contradicting statements in regards to what exactly transpired at Old Naledi just before Momphitlhi’s escape. For instance, Kristen said they parked the car they were using some distance from the yard, but Mudongo said he was the one driving and he parked the car just by the gate.
Mudongo told the court that when Momphitlhi ran off, his partner Phuku shouted the words “O siile” meaning he had escaped. According to Dingake, the words had striking similarities to the words used in a text message sent to Momphitlhi’s younger brother, “Ke siile mo Mapodising….O bolelle Mme.”
A day after Momphitlhi’s disappearance his younger brother received the text message from a mobile phone which was later found to have been an exhibit in a different matter before the police.
Lastly Dingake found it strange that police records such as the cell register and prisoner’s property register disappeared from the police soon after the internal investigation on the missing man begun.
“I put to you that you and the officers you were with colluded to make sure that exhibits go missing. I further put it to you Mr Mudongo that you have something to do with the missing of the exhibits, the cell register and prisoner’s property register…I put it to you that the purported text and what you say Mr Phuku shouted suggests that it was part of the grand scheme to shift what the police had done,” Dingake further levelled the accusation.
Dingake represented Momphitlhi’s family in this matter. The trial continues next Month.
News
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.”
News
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.
News
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.