The much anticipated report from the Alaco Limited and Omnia Strategy LLP Investigations and Intelligence law firm in South Africa has finally been released.

The controversial report was commissioned by South African business tycoon Bridgette Motsepe, which linked her to the money laundering case of the 4.2 billion Pula that went missing at Bank of Botswana.

The findings in the report have indicated that the allegations against former President Ian Khama, former Directorate of Intelligence and Security (DIS) Isaac Seabelo, DIS spy agent Welheminah Maswabi and Ambassador Motsepe were fabricated.
[ihc-hide-content ihc_mb_type=”show” ihc_mb_who=”1,2,3″ ihc_mb_template=”1″ ]
Maswabi was last year November arrested and later released on bail on three counts: financing terrorism (on account of claims that she transferred from an offshore account the sum of P29 million to former DIS spy Chief Kgosi , in January 2019), possession of different passports and falsifying her names to Lorato Hilton.

In their findings the Alaco Limited and Omnia Strategy LLP illustrate that the affidavit is authentic, a substantial amount of the content is a fabrication. It emphasises that all of the critical allegations concerning President Khama and Ambassador Motsepe are undoubtedly false.

“From seemingly minor errors and inconsistencies to glaring inaccuracies and falsehoods, the Affidavit lacks credibility and offers no reliable evidence to support the allegations against President Khama and Ambassador Motsepe.”

Contrary to the affidavit, the report appreciates that although single anomaly in the affidavit might be explained away as negligence or oversight, the sheer weight of deficiencies belies any such excuse. “Indeed, the extent of the untruths we have uncovered gives rise to serious questions about the motives behind the affidavit, though these are beyond the scope of our instruction,” stated the report.

The allegations enclosed in an affidavit by Directorate on Corruption and Economic Crime (DCEC) investigator Jack Hubona, in support of the state, claimed that Khama while in office with the help of former DIS chief Kgosi opened a series of bank accounts at Bank of Botswana to pipe in an excess amount of USD10.1 billion (ZAR 176 billion) to various international and South African bank accounts of which Motsepe and Maswabi were alleged to have been co-signatories.

It is alleged by the state in a case against Maswabi that the money laundered were meant to be used to assist in political unrest and fund opposition groups against the current President Mokgweetsi Masisi. The Omina/Alaco firm engaged by Motsepe made an analysis to find out whether or not the allegations founded in the affidavit were factual. The outcomes of the analysis suggest that they were rather baseless and fabricated. These findings absolve both Maswabi and former DIS chief of the allegations of money laundering.

FINDINGS OF THE INVESTIGATION

According to the report there is no tangible evidence that the alleged USD10.1 billion (approximately P100 billion) left Bank of Botswana nor has it ever entered international or South African bank accounts. Reports have also indicated that Governor of Bank of Botswana, Mr Moses Dinekere Pelaelo, confirmed to Botswana’s parliamentarians that there was never any money that left the bank and that Botswana never had that amount of money in their accounts in the first place.

Botswana’s Gross Domestic Product (GDP) is estimated at USD 18.62 billion meaning the USD10.1 billion alleged to have been stolen accounts for 54% of the value of the country’s economy. The country’s annual national budget is estimated between USD4.3 and 5 billion.

In relation to the alleged inflow into of part of the money into South Africa in 2019, the South African Reserve Bank (SARB) has confirmed it “could not find any record of the transaction referred to, the payment being approved either inbound or outbound nor any cross-border flow of funds in the amount referred to, inbound or outbound from South Africa.”

The investigation suggests that it was impossible for the funds to have been transferred into the international and South African bank accounts outlined in the affidavit as the accounts listed either did not exist or never existed at all. Furthermore, the used bank account details are likely to have been sourced through data theft and referenced illegitimate or non-existent banking institutions.

Motsepe and Maswabi are alleged to be co-signatories to the 17 Blue Fire Flies bank accounts. The investigations through the Corporate and Intellectual Property Commission (CIPC) advocate that the company does not exist. Global searches also indicate that they have failed to reveal to relevant entities bearing such names.

The vast list of banks in the affidavit have confirmed that no such accounts exist, suggesting that Motsepe and Maswabi could not have been signatories to non-existing bank accounts. Cherie Blair, Chair of Omnia strategy pointed out that the investigations show that Hubona’s affidavit is not only misleading but an utter fallacy.

“There is no evidence to support any of the allegations against President Khama and Ambassador Motsepe. The claims of financial impropriety originating with accounts at the Bank of Botswana are pure fiction. The case is simply a scandal and greatly tarnishes Botswana’s rule of law,” Blair lamented.

Blair further indicated that it is impossible to avoid the conclusion that if Hubona’s allegations had been properly investigated, it would have been obvious to any reasonable and fair minded prosecutor or court that the case should be abandoned for lack of credible evidence.

She further emphasised that they have seen these allegations cast an unnecessary shadow over the South African Reserve Bank and more recently the Department of Justice, National Prosecuting Authority and Department of International Relations and Cooperation.

“This should have never been allowed to happen. Indeed, the extent of the untruths we have uncovered, without much difficulty, we hope the evidence in this report provides the impetus for the Botswana prosecuting authorities to drop this matter. ”

Professor Thuli Madonsela, former South African Public Protector and Chair of Social Justice Research at Stellenbosch University reviewed the investigation and indicated that the report exonerates Motsepe and Khama of serious allegations.

“The devastating findings are a stain on the reputation of Botswana, which has always been allowed to have such a profound and damaging impact on former President Khama, Motsepe and the financial institutions of Botswana and South Africa. It is a tragedy that they have had to spend so much time, energy and resources clearing their names and impugned integrity,” said Madonsela.

Prior to the findings bared by this report, Motsepe and former President Khama have instructed their legal counsel to launch defamation claims in Botswana against the Botswana Government. In addition, it is alleged that former DIS spy chief Kgosi and DIS agent Maswabi will also launch defamation claims against the Botswana Government.

LEGAL EXPERTS’ VIEW ON THE MATTER

In an interview with this publication prior to the just released report, Boingotlo Toteng of Toteng & Company questioned the credibility of the entire investigation by the Directorate on Corruption and Economic Crime. He emphasised that as soon as the Central Bank of Botswana denied ever missing any money from their accounts it was a red flag.

“The evidence on the report points out that even the alleged South African bank accounts do not exist, this therefore comes to only one conclusion. Then that means the investigation was flawed. Clearly someone did not do their job, the investigation team failed tremendously. Somebody needs to account for all this and resign,” said Toteng.

Toteng further said that even though this report is only one sided, there is nothing stopping the defence team from using the evidence in court. It is left for the State to prove whether or not they stand by their case.

According to Sidney Pilane, he acknowledged that he had time to go through the report but does not know where the truth lies; “the report’s conclusion duty to act professionally, honestly, with integrity, faithfully and in good faith in the conduct of his functions who must now act”.

“The core of that duty is that he may only bring a prosecution if he has credible evidence on the basis of which a conviction may objectively reasonably be obtained. His next duty is that where he brings a prosecution because the evidence he has warrants it, he must expedite the prosecution so that it is completed at the earliest time. The case of Welheminah Maswabi has been pending for the longest time. Justice delayed is justice denied,” said Pilane.

“It is for the court and the criminal justice system to determine the innocence or otherwise of any person. It is equally for the court to pronounce itself on whether an accused is guilty of an offence. After the prosecution closes it is for the accused person to mount his defence in an attempt to exonerate himself from the alleged criminality and the court will then make a finding,” said attorney Kago Mokotedi.

Mokotedi said the report, with respect, amounts to self-prosecution and self-acquittal by the concerned parties. He stressed that it was unheard of, “if they are innocent as they proclaim, they will negate the State’s evidence with their forensic report and it’s finding at trial, if the State persists with their case. If the report is credible and truthful, then it raises serious questions on the independence, professionalism and ethics of the DPP.

As a country we must not politicize and abuse prosecutorial powers and functions. If the report is accurate in its findings, the case against Butterfly, and others yet to be charged in this matter will surely be the most scandalous prosecution in the history of this publication.”[/ihc-hide-content]