The Extension Magistrate, Batho Kgerethwa has ruled in favour of the Sebina Brothers who had dragged Directorate of Intelligence and Security (DIS) spy chief to court challenging the ex parte search warrant that was issued against them earlier last year.
The ex parte search warrant which was granted by the same court has been set aside and Magistrate Kgerethwa has ordered that the DIS return the documents and properties of the Sebina brothers, Tshepo and Kegone Sebina with immediate effect. The Magistrate Court through Sepego Legal Practice amongst others, had subpoenaed Magosi to appear before Kgerethwa late last month, to give evidence and produce to the court several documents that had been specified by the court.
The two brothers represented by criminal lawyer Unoda Mack of Mack Bahuma Attorneys and Mompati Sepego of Sepego Legal Practice, were accused of being involved in corrupt dealings with the former DIS spy chief, Colonel Isaac Kgosi. It is alleged that the brothers had been corruptly awarded tenders in about 52 companies in which 48 of these pointed to have the brothers as Directors/shareholders. In the process of DIS searching and raiding their premises, some documents and properties were seized in the process with allegations that they are linked to Kgosi.
In their head of arguments, Mack had stated that prior to the oral evidence given by Magosi on the 13th January 2019, in order to be granted the ex parte search warrant, they were not availed the opportunity to cross examine him hence they pursued the court to subpoena him. They had argued that they want the evidence given by Magosi to be expunged from court records as they believe it is insufficient.â€¨â€¨
They further pointed out that even after 12 months, the court still cannot give evidence on what offence had been committed by the accused. “What is the offence? In their court papers they say Kgosi threatened to topple the government, they talk about association. Is association wrong?” Mack further elucidated to the court that the evidence that was given by Magosi under oath does not fully explain how Kgosi influenced the tenders and how much money is claimed to have been transacted.â€¨â€¨
“In the court record it is evident that the court demanded to know how Kgosi influenced the tenders and they said Kgosi threatened to topple the government. What does a threat to topple the government have to do with the applicants?” Mack asked. The State however said that Magosi will not take the stand as the search warrant was lawfully obtained. “The guilty are always afraid, why won’t they take the stand? That is because they fear that they will be exposed,” Mack alleged.â€¨
The State had argued that according to the Intelligence Act, where the Director General believes on certain grounds that an offence has been committed they can approach the court to grant them an order of an ex parte search warrant. Mojadi brought the court to the attention of Section 3 of the Intelligence Act which states that the Director General with the powers vested upon him can search with or without a search warrant.â€¨â€¨When explaining the offence of threat to national security, Mojadi explained that investigations are still ongoing hence the applicant’s properties have been withheld.
They had further stated that there were tenders and transactions that were issued that needed to be investigated hence the State was not at a stage where the applicants could be charged yet. They explained that no offences had been proffered as of yetâ€¨â€¨Mack lashed out at the State’s argument citing to the court that there is no offense that has been established yet, hence the matter should be ended. “It is a requirement to state the offence under the Intelligence Act. The order we seek today is to release the properties of the applicants,” he said.
While there is no hard-and-fast rule in politics, former Molepolole North Member of Parliament, Mohamed Khan says populism acts in the body politic have forced him to quit active partisan politics. He brands this ancient ascription of politics as fake and says it lowers the moral compass of the society.
Khan who finally tasted political victory in the 2014 elections after numerous failed attempts, has decided to leave the ‘dirty game’, and on his way out he characteristically lashed at the current political leaders; including his own party president, Advocate Duma Boko. “I arrived at this decision because I have noticed that there are no genuine politics and politicians. The current leaders, Boko and President Dr Mokgweetsi Masisi are fake politicians who are just practicing populist politics to feed their egos,” he said.
Former Botswana Democratic Party (BDP) parliamentary hopeful, Lawrence Ookeditse has rejected the idea of taking up a crucial role in the Botswana Patriotic Front (BPF) Central Committee following his arrival in the party this week. According to sources close to development, BPF power brokers are coaxing Ookeditse to take up the secretary general position, left vacant by death of Roseline Panzirah-Matshome in November 2020.
Ookeditse’s arrival at BPF is projected to cause conflicts, as some believe they are being overlooked, in favour of a new arrival. The former ruling party strategist has however ruled out the possibility of serving in the party central committee as secretary general, and committed that he will turn down the overture if availed to him by party leadership.
Ookeditse, nevertheless, has indicated that if offered another opportunity to serve in a different capacity, he will gladly accept. “I still need to learn the party, how it functions and all its structures; I must be guided, but given any responsibility I will serve the party as long as it is not the SG position.”
“I joined the BPF with a clear conscious, to further advance my voice and the interests of the constituents of Nata/Gweta which I believe the BDP is no longer capable to execute.” Ookeditse speaks of abject poverty in his constituency and prevalent unemployment among the youth, issues he hopes his new home will prioritise.
He dismissed further allegations that he resigned from the BDP because he was not rewarded for his efforts towards the 2019 general elections. After losing in the BDP primaries in 2018, Ookeditse said, he was offered a job in government but declined to take the post due to his political ambitions. Ookeditse stated that he rejected the offer because, working for government clashed with his political journey.
He insists there are many activists who are more deserving than him; he could have chosen to take up the opportunity that was before him but his conscious for the entire populace’s wellbeing held him back. Ookeditse said there many people in the party who also contributed towards party success, asserting that he only left the BDP because he was concerned about the greater good of the majority not individualism purposes.
According to observers, Ookeditse has been enticed by the prospects of contesting Nata/Gweta constituency in the 2024 general election, following the party’s impressive performance in the last general elections. Nata/Gweta which is a traditional BDP stronghold saw its numbers shrinking to a margin of 1568. BDP represented by Polson Majaga garnered 4754, while BPF which had fielded Joe Linga received 3186 with UDC coming a distant with 1442 votes.
There are reports that Linga will pave way for Ookeditse to contest the constituency in 2024 and the latter is upbeat about the prospects of being elected to parliament. Despite Ookeditse dismissing reports that he is eying the secretary general position, insiders argue that the position will be availed to him nevertheless.
Alternative favourite for the position is Vuyo Notha who is the party Deputy Secretary General. Notha has since assumed duties of the secretariat office on the interim basis. BPF politburo is expected to meet on 25th of January 2020, where the vacancy will be filled.
Botswana Democratic Party (BDP) big wigs have decided to cancel a retreat with the party legislators this weekend owing to increasing numbers of Covid-19 cases. The meeting was billed for this weekend at a place that was to be confirmed, however a communique from the party this past Tuesday reversed the highly anticipated meeting.
“We received a communication this week that the meeting will not go as planned because of rapid spread of Covid-19,” one member of the party Central Committee confirmed to this publication. The gathering was to follow the first of its kind held late last year at party Treasurer Satar Dada’s place.