Directorate of Public Prosecutions (DPP) has this week defended their stance on the engagement of the Afrikaaner Afriforum’s Advocate Gerri Nel to represent Botswana Government in the P100 billion high-profile money-laundering and fraud case.
AfriForum is a South African non-governmental organisation focused mainly on the interests of Afrikaners, a sub-group of the country’s white population. The group regards itself as a civil rights organisation that “mobilises” Afrikaners, Afrikaans-speaking people and other minority groups in South Africa and protects their rights. Advocate Gerrie Nel currently leads the AfriForum Private Prosecution Unit.
According to AfriForum, Adv. Nel and Adv. Phyllis Vorster were officially appointed by Adv. Stephen Tiroyakgosi, Botswana’s Director of Public Prosecution (DPP), to represent the Republic of Botswana. Speaking to WeekendPost in an interview on Thursday, DPP’s Director Stephen Tiroyakgosi confirmed engaging Nel and defended the move which has attracted stiff criticism in Botswana from local attorneys, NGO’s, and opposition political parties.
“Yes I can confirm that we have engaged the services of Gerrie Nel and his team,” Tiroyakgosi contended. However, the DPP Director was at pains in trying to extricate and separate Nel from the notorious and infamous Afriforum. “Unfortunately he [Nel] also works for or with Afriforum,” he highlighted while adding that “we have not engaged Afriforum as we don’t believe they provide legal services.”
He continued to justify: “I believe that as a former prosecutor Nel knows the intricacies of Mutual Legal Assistance (MLA) processes.” According to DPP’s Tiroyakgosi, they “obviously” couldn’t engage local lawyers on the high profile matter as only very few of them, if any are admitted to practice in South Africa. In any event, he continued, “in view of travel restrictions I don’t believe they would have been on the ground to do the work we wanted done.”
When further asked on how much in terms of the legal costs that the Botswana Government will bear, in estimation or actual amount, he said he cannot comment on the charge presently. He told WeekendPost: “I do not wish to discuss the issue of fees at this stage.”
The legal fees inquiry was motivated by the strong believe that Advocate Nel, who became famous for the well-publicised case on Oscar Pistorius, does not come cheap in matters of law and as such will bear heavily to the tax payers. This publication further sought comment on why Nel because he sits on the Afriforum, an organ regarded as representing the narrow interests of white supremacist Afrikaners.
This, some believe is an endorsement on the racial gulf that is currently sweeping across the world through Black Lives Matter, and others, Botswana included. He however reiterated that they engaged Nel on his capabilities and not necessarily Afriforum which is seen as largely racist.
The engagement of Afriforum’s Nel comes at a time when the world all over is entangled with issue of racism after two black citizens in America or African American were brutally (racists charged) killed by the Police in the country. Botswana President Mokgweetsi Masisi together with his cabinet then publicly associated with America’s Black Lives Matter and in the process exercised a silent moment for the murdered George Floyd and many others who died prior at the hands of the Police in the United States.
The engagement of Afrikaaner’s Afriforum Counsel by Botswana Government also comes at a time when the American Bar Association (ABA) cancelled its planned programme with former apartheid President FW de Klerk, after a flood of objections from, among others, former Truth and Reconciliation commissioners, human rights activists, American academics and the son of slain Cradock Four, anti-apartheid activist Fort Calata.
According to SA’s News24 De Klerk’s conversation about “rule of law, constitutional democracy, minority rights, social change, racism and global security” had been cancelled. Fort Calata’s son, Lukhanyo – who was the first person to write to the ABA and ask it to reconsider its De Klerk invitation – told News24 that “our wish is that organisations around the world will follow the ABA’s lead and give careful consideration before extending an invite to (persons such as) De Klerk to speak on matters that he’s wholly unqualified to opine on.”
Botswana’s DPP primary mandate is the prosecution of criminal cases before all courts of the land, criminal applications and appeals arising from criminal litigation. The primary penal statutes used by the Directorate in criminal prosecution are the Penal Code, Criminal Procedure and Evidence Act which gives guidance on general matters of procedure in criminal litigation.
Advocate Nel will facilitate the Botswana government’s request for mutual legal assistance in the 100 billion Bank of Botswana fraud and money-laundering matter after the DPP in Botswana request was turned down and therefore unsuccessful. “The fact that DIRCO failed to give any feedback to the DPP of Botswana over nine months indicates that the South African government is unwilling to assist our client with their request. We will intervene and ensure that our client receives the necessary cooperation from the South African government to ensure that justice prevails,” says Adv. Nel.
This follows after Motsepe-Radebe was identified as a cosignatory of at least two bank accounts (one of which was an Absa and the other a Nedbank account) holding some of the more than P100 billion allegedly stolen from the Botswana government to finance a “coup” before the national election in Botswana. Motsepe-Radebe among others is accused of having laundered millions of Botswana Pulas through Avante Security Services, to sponsor the opposition candidate of Mokgweetsi Masisi, President of the Republic of Botswana.
Botswana health officials have confirmed the new COVOD-19 variant, which was first found in India. The Ministry of Health and Wellness has through a press statement informed members of the public that a new COVID-19 variant (B.1.617), first discovered in India. The Indian variant was confirmed in Botswana on 13 May 2021.
According to Christopher Nyanga, spokesperson at the Ministry, this followed a case investigation within Greater Gaborone, involving people of Indian origin who arrived in the country on the 24th April 2021.
“As at 16 May 2021, the B. 1. 617 variant was confirmed in two (2) people. The clients are currently receiving medical care and remain stable with no life-threatening symptoms. The two (2) cases were part of 383 people (both Batswana and some Indian nationals) who were tested for COVID-19. From this number, 43 tested positive, with two (2) showing the B. 1. 617 variant as already alluded to. Contact tracing has been expanded in line with COVID-19 protocols. All contacts and confirmed cases have been evacuated to facility based quarantine and isolation respectively, for close monitoring,” Nyanga narrated.
The World Health Organization recently announced that the Indian Covid-19 variant was a global concern, with some data suggesting the variant has “increased transmissibility” compared with other strains.
Meanwhile in the wake of Botswana’s confirmation of the Indian variant, Nyanga reminded the public of the government intervention to control the introduction of new variants of public health concern into the country. He stated that all those who have travelled or transited through areas of high risk as previously communicated on 3rd May 2021 upon return shall immediately quarantine in a central area to be identified by the Ministry of Health and Wellness for a period not exceeding ten (10) days; Repeat Polymerase Chain Reaction (PCR) test after seven (7) days of quarantine and be discharged as per the outcome of the results.
He said the requirements are complementary to the mandatory requirements of producing on arrival a negative PCR test not older than 72hrs from the time the sample was collected
“The public is advised to remain vigilant and minimize the spread of COVID-19 by following the already outlined preventative measures such as washing of hands with soap or use of a hand sanitizer, wearing of face masks, avoiding crowded places/social distancing and avoiding non-essential movement,” Nyanga said.
The India variant – officially called B.1.617.2 – is one of four mutated versions of coronavirus which have been designated as being “of concern” by transitional public health bodies, with others first being identified in Kent, South Africa and Brazil.
The lawyers representing former President Lt Gen Ian Khama, Ramalepa Attorneys have come forth dismissing a response letter penned down by Botswana Democratic Party (BDP) activist MacDonald Peloetletse after he was slapped with a P1.5 million lawsuit for defamation of their client.
Tebogo Tladi, an attorney at Ramalepa, said last week Thursday Peloetletse took to social media to publish a substantively false, wrongful and unlawful statement about Khama. MacDonald Peloetletse’s commentary which was posted on Gabz FM News page reads, “I am a former soldier. Everything former President SKI Khama said here is a LIE. In fact, soldiers suffered more under Khama than under his predecessors.
He actually stole money that the UN had paid to the soldiers who went for the operations and paid them less than a quarter of what was actually due to them. “Unhappy soldiers took the BDF to court and won, the BDF is still struggling to pay the debts! Khama can fool some people, but not all the people and not all the time.
“In fact many soldiers, serving, retired and those that resigned and were in the operations during Khama’s time get even more annoyed to such disrespectful statements by Ian Khama.” Khama’s lawyer says the impugned statement was published with the intention to injure his client (Khama) in his personality rights, good name and dignity, further indicating that the statement has damaged his good reputation.
“We have therefore been instructed by Client to demand, as we hereby do, that you publish on the same forum a retraction and a full and unconditional apology to Client within three days of receipt of this letter- and that you deliver such apology in a formal letter to the Office of the Former President, Dr Khama. In the event that you have not compiled with this demand by close of business on Monday 10th May 2021, our Client will assume that you have refused to comply with this demand.”
To top it all off, Khama demands that Peloetletse pay him P1.5 million in damages for defamation. “Furthermore, we hold instructions to demand as we hereby do, that you pay our Client damages for defamation in the sum of P1, 500,000.00 within seven days of receipt of this letter.” In the event that Peloetletse fails to pay the amount of damages demanded by Khama, Tladi says they will institute legal proceedings for the recovery of the aforesaid damages.
In his response letter addressed to Ramalepa Attorneys, Peloetletse said that he requests enlightenment and clarification that he be provided with proof that the allegations and comments which they attribute to him were indeed authored by him and that the platform which the comments were placed was not hacked.
“Please also advise if whether your clients has been endowed with a “special particular privilege status” that restricts the citizens of this country from commenting or responding to public statements made by your client in the course of political discourse especially when made on public forum and relate to matters of general public concern. (I trust that your brilliant legal mind is well informed with respect to the jurisprudence in such matters)”.
Peloetletse also said he would like to share with the attorneys a video which was posted on a public forum. “Please listen carefully to the conversations and discussion herein and advice if possibly such discussions form a reasonable basis for a justifiably rebuttal by any Motswana Citizen to the public pronouncements and defamatory statements made by your client about our government (bearing in mind of course a citizens constitutional right to freedom of speech and freedom of expression).’’
Consulted for further comment on the matter on Thursday after receiving Peloetletse’s response, Khama’s attorney Tebogo Tladi said the letter doesn’t hold any water. “The only way out for him is to prove the truth of the allegations on his comment or deny publication. He does not answer substantively to the defamation and does not respond to the demand of an apology or payment of damages.
So his letter really contains largely matters irrelevant to the substance of the letter of demand. His response in fact presents no legally cognizable defence at all- it would appear he responded without the benefit of legal advice, which would not be prudent for such an important case. So we will proceed to issue summons and wait to see what defences he will plead in court.’’
Botswana and Zambia this week celebrated the opening of a multi-million Dollar infrastructural project, the Kazungula Bridge, projected to contribute around P100 million annually for Botswana. This project comes after the signing of the 2012 Agreement between the two countries to construct a bridge that would ease movement of goods.
President Mokgweetsi Masisi said the Kazungula Bridge will open avenues for improved trade, job creation and economic diversification in both countries. Further, the Bridge will significantly accelerate Southern African Development Committee (SADC) regional integration agenda which Botswana and Zambia are vigorously pursuing.
“By growing our strategic partnerships through this project, we have improved the development and competitiveness of our economies to attract more private sector investment, thereby, supporting our efforts to create employment, especially for the burgeoning youth,” Masisi said at the opening ceremony in Kazungula on Monday.
The Kazungula Bridge comprises a road and rail bridge over the Zambezi River, directly linking Botswana and Zambia. It has One-Stop-Border Post facilities on both sides, which will enhance the operational efficiency at entry points, replicated on both sides of the boarder.
The Bridge was originally conceived as a critical link in the African North-South Corridor under the African Union’s New Partnership (NEPAD) for Africa’s Development programme. It has since evolved to encompass a multimodal transport plan under the Programme for Infrastructure Development in Africa (PIDA).
The PIDA programme, which encompasses liberalisation of air travel, rail links, road, water and all other modes of transport has only one objective: to unite the States of Africa in order to foster trade on the continent
“Connectivity of our nations will in no small measure, promote people to people interactions and uplifts their standard of living. I am pleased to state that the completion of this project is a clear demonstration of our commitment to PIDA.”
The 260 million US Dollar Kazungula Bridge was commissioned by Zambian President, Edgar Lungu and President Masisi. President Lungu said the bridge was a monumental effort linking Zambia internally and externally to ease the movement of goods and services.
“I have held talks with my counterpart in Botswana that this project must run daily up to 22 hours as soon as possible and you the technocrats must not play ping-pong with us after making these public procurements,” Lungu said at the official opening in Kazungula.
For his part, DRC President Felix Tshisekedi said the project was tandem with the Africa Union (AU) goals and priority areas for Agenda 2063 which called for a prosperous Africa, based on inclusive growth and sustainable development.
The new Kazungula Bridge replaces the Kazungula Ferry, a pontoon ferry across the 400-metre-wide Zambezi River between Botswana and Zambia. It was one of the largest ferries in South-Central Africa, having a capacity of 70 tonnes.
In 2003 the ferry was the site of a disaster when a severely overloaded Zambian truck capsized one of the pontoons and 18 people drowned. The accident was blamed on the lack of weighbridges in Zambia to check the weight of trucks.
In August 2007, the governments of Zambia and Botswana announced a deal to construct a bridge at the site to replace the ferry. The existence of a short boundary of about 150 meters between Zambia and Botswana was apparently agreed to during various meetings involving Heads of State and officials from all four States in the 2006-2010 period.
The route for this new bridge crosses the boundary without entering Zimbabwe and Namibia. Zimbabwe already has a bridge into Zambia at Victoria Falls, 70KM from Kazungula. Namibia on the other hand has a bridge into Zambia at Katima Mulilo about 150KM upriver.