South African Advocate, Gerhard “Gerrie” Nel who is also the head of private prosecution of Afrikaner interest group, AfriForum, has dismissed the self-appointed investigative report by ex-President Lt Gen Ian Khama which exonerates him and South African businesswoman Bridget Motsepe-Radebe from any wrong doing in the P100 billion Bank of Botswana marathon case.
Nel was appointed recently by the Botswana government to assist with the request for Mutual Legal Assistance (MLA) from the South African government through the department of Justice to be handed as evidence in the case.
Nicknamed “Bulldog” for his tenacity in the courtroom, Nel was a prosecutor for the National Prosecuting Authority of South Africa until 2017 and he is regularly assigned to difficult and high-profile cases as engaged by Directorate of Public Prosecutions (DPP) in Botswana.
Nel, also known for the Oscar Pistorius trial which attracted world attention after the Olympian killed his wife Reeva Steenkamp, said the investigative report by Khama, Bridget-Motsepe is not “authoritative” on the matter at hand. “If you find the means to commission and fund an investigation of yourself by people appointed by yourself it remains just that. It remains unendorsed, an unofficial, and untested investigation,” he stated on Thursday live on an AfriForum official face book page at Forum Films Studio in Centurion, SA.
He insisted that therefore the investigative report is irrelevant: “it’s very interesting. It is only useful to those people that commissioned it but as far as we are concerned it is totally irrelevant. Interesting and irrelevant to the purpose that we are doing at the moment.” According to Nel, the only investigation that Botswana authorities will do or use is an official Police investigation.
“Only the Police has the mandate to officially investigate a crime. They will then hand over the case docket to the prosecution unit that will decide to prosecute or not,” he maintained in the feed. According to Nel, its ok for people to declare their thoughts or exonerate themselves through such investigation but if they are on an “official investigation” the “rules are a bit different.”
This comes after the allegations of money laundering were contained in an affidavit submitted by Jako Hubona, an investigator with Botswana’s Directorate of Economic Crime and Corruption (DCEC), in support of the State of Botswana’s case against Botswana intelligence officer, Welheminah Mphoeng Maswabi, also known as ‘Butterfly’.
The affidavit posits that ex-President Khama, while still in office and with the help of Botswana’s former chief of intelligence, Mr Isaac Kgosi, opened a series of bank accounts at the Bank of Botswana, the country’s central bank, to funnel in excess of USD10.1 billion (ZAR176 billion) to various international and South African bank accounts, over a number of which, according to the affidavit, Ambassador Motsepe and Ms Maswabi were co-signatories.
The State’s case against Ms Maswabi implies that these funds were intended to be used to orchestrate political unrest and fund opposition groups against the current President of Botswana, Mokgweetsi Masisi in which the forensic investigation found that allegations were fabricated.
The full investigative report which is titled ‘Project Monarch: Flies & Lies’ was conducted by Omnia Strategy LLP which is an international law firm founded by Mrs Cherie Blair, the wife to Tony Blair and acquaintance to Bridget Motsepe Radebe.
SA refusing to provide MLA assistance to Botswana government, Afriforum
Meanwhile the SA Advocate has denounced the Department of Justice in his country on their deafening silence in the hope that the contentious matter will “wane” so that they do not make decisions that may upsets their people. “Advocate Phyllis Vorster, and I, have been duly briefed by the Director of Public Prosecutions of Botswana to inquire if there is any development in the request for MLA that was sent to South African authorities (to a SADC member state) on September last year. It’s quite clear that they received that MLA request 11 months ago,” he lashed out.
Nel continued: “this notwithstanding that all other seeking MLA assistance receive prompt attention but particularly not this one. The irresistible inference is that we are dealing with George Orwel’s definition of equality in his work of animal farm.”
According to Gerri Nel, the refusal is an embodiment of lip service in the State fight against corruption. “If we receive to assist one of our SADC partners, how we deal with well-known people in our offices,” he asked rhetorically.
The Advocate claims that all these ongoing discussions, rumours and exposure of the Bank of Botswana matter is fuelled by the SA Department of Justice matter’s refusal to provide for the requested information or at least provide feedback to requesting authority.
Khama, Motsepe want to defeat the ends of justice – Gerrie Nel
Nel narrated that “we wrote to department of Justice on the 2nd July and again on the 20th July. We wrote to them strongly expressing that the refusal may be tantamount to defeating the ends of justice.”
He added that they were met with deafening silence from the department of Justice and that the reasonable time for acknowledging the letter should have been a week and the response should have taken around a months’ time. “Our brief includes an instruction to take whatever steps necessary to ensure that the request for MLA assistance to get the attention it deserves,” he stressed.
Gerrie Nel now seeks new judicial writ to order SA to perform its statutory duty
The Botswana government’s appointed legal representative has as a result filed an application on mandamus. “Unavoidably, we are now forced to take the disconcerting steps to seek some mandamus forcing the Department of Justice to provide feedback in the request to assist with the MLA to the Botswana authorities,” he said.
Mandamus is a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty. “Now we have filed our mandamus papers. We hope that sanity will prevail. And that the department of Justice will now provide the statements with updates on the progress to the DPP of Botswana,” he stated.
If not, he threatened that they will certainly pursue the application for a mandamus. “So it is in fact disconcerting that one has to file papers after having issued a request, indicating that we would like to avoid drawn out litigation and avoid financial burden of such an application that the Department of Justice just fails to the duty or just to acknowledge the letters and deal with them.” He pointed out that it’s worth mentioning that DPP’s Tiroyakgosi filed confirmatory affidavit in support of the application.
Facts (MLA) important to pronounce Khama, Motsepe guilty or not
All facts should be handed out to the DPP in Botswana so that they can decide whether to co continuing prosecuting or not, Nel said while adding that it’s a long process and can’t even start if information cannot be handed from SA to Botswana “that’s becomes unfair if it’s not included.”
Botswana DPP becomes a target, victim of smear campaign
Nel however claims that the Botswana DPP has now become a victim of a smear campaign. But he emphasised that their approach to the matter is that they have not and will not pronounce on the guilty or innocence of anybody in the Bank of Botswana matter. “I may mention that any names of prominent figures in South Africa and Botswana are dealt with in the application.”
Nel accuses Khama et.al of prejudice as the matter is still at court
Nel and DPP has also accused the former President and Bridget Motsepe of prejudice.“We also allay prejudice in the matter that was and is still in the court roll and the ongoing investigation,” he said.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.