Minister Mokgethi’s legal woes deepen
…as court rejects her filed report
The Minister of Nationality, Immigration and Gender Affairs Annah Mokgethi is racing against time to avert sanctions that include imprisonment as she is struggling in her bid to comply with a litany of court orders; this publication can reveal. Court papers reveal that Mokgethi has now switched lawyers as she is no longer represented by Vergeer Consultants but by Rahim Khan Attorneys.
It is understood that in her efforts to comply with both the High Court and Court of Appeal orders, Mokgethi compiled and submitted a report to the High Court. But she suffered a blow as it has since been found wanting and sent back to her by the High Court Master as it fell far short of complying with the court orders. The Minister who was in charge of the estate of the late Abdul Joseph has been ordered by both the High Court and Court of Appeal to account for several assets belonging to his multi-million Pula estate.
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In a letter dated 23rd September 2021 addressed to the current Executor Lesedi Moahi, acting Senior Assistant Master Patient Thuto said, “We advise that the former Executor (Mokgethi) has submitted a report on the estate administration for the period 2012 to date.”
She added that “As indicated in the covering letter, the supplemental report shall be filed within 14 days. I have perused the report, and I write back to the former Executor providing guidance on what is still outstanding. Beneficiaries were also advised that the report has been lodged.”
In another letter dated the same date, Thuto also wrote to Mokgethi’s new lawyers, Rahim Khan Attorneys, reminding them that they had written a letter dated 15th September 2021 where they sought an indulgence of two weeks to enable their client to file a report ordered by the Court of Appeal on 6th August 2021. She said this letter was followed by your letter dated 21st September 2021, under cover of which the former Executor submitted her report.
“In that letter, you indicated that your client shall file a supplemental report within 14 days. We shall provide a copy of the report to the Executor and the beneficiaries for their comment. From my initial perusal of the report, it appears that there is substantial information still outstanding. I refer the former Executor to the order of the High Court which was confirmed on appeal,” she said. Thuto informed Mokgethi’s lawyers that the relevant portion of the order, which she must include in her supplemental report, reads as follows:
For the purposes of fully accounting for the estate, the 2nd Respondent shall provide the following:
The detailed balance sheet of the estate as at the date on which the Letters of Administration were issued and as at the date of accounting in terms hereof, with a reconciliation of transactions conducted on the estate between the aforesaid two dates, supported by the appropriate vouchers or documentation; The income statements of the estate for each year from date of issue of the Letters of Administration; Copies of all tax returns for the estate and copies of communications with BURS;
All bank statements since the date of issue of the Letters of Administration to date; The Accounting shall include all statements relating to the First National Bank Botswana account within the estate previously excluded from the inventory and First and Final Liquidation and Distribution Account previously prepared and submitted by the 2nd Respondent (Mokgethi); All statements relating to account number 9060000982291at Stanbic Bank of Botswana; All statements for the Estate banking account established in terms of the Administration of Estate Act;
Details of all trade or transactions in respect of any securities or shares part of the estate from the date of the issuing of the letter of Administration to the date of the accounting, together with copies of all supporting by vouchers and full details of the reinvestment, payment or distribution of the proceeds generated by any such trades; Details of all dividends and/or interest on shares or debentures declared or paid since the date of issue of the Letters of Administration and where these have been deposited or used;
The Documents of title and current valuations of immovable properties of the estate, which shall include the boreholes at Metsimotlhabe and Dikopane as well as the Jwaneng residential property previously excluded from the inventories and the First and Final Liquidation and Distribution Account previously prepared and submitted by 2nd Respondent; Details of all encumbrances over the immovable properties existing as at the date of issue the letters of Administration and all encumbrances registered or perfected or released since the date of death of late Abdul Joseph;
Full details of all rental income and expenditure made and or received on any immovable properties since the date of issue of the Letters of Administration, including but not limited to the rental income arising from the farm at Mosi held by the estate and from Plot 608 Lobatse, which shall include: Substantiated details of the whereabouts of such rental income, copies of all lease agreements in place over any immovable property owned by the estate and entered into from the date of issue of the Letters of Administration to the date of the accounting;
A full and proven headcount of all livestock under the deceased’ s brand as at the date of issue of the Letters of Administration and to the date of the accounting; Details of births and deaths of livestock and the classifications of the livestock; a full inventory of all agricultural equipment, detailing that in existence as at the date of issue of the Letters of Administration, acquisitions and disposals, and items currently in existence as at the date of the accounting;
Full details of all motor vehicles acquired or disposed of since the date of issue of the Letters of Administration to the date of the accounting; Copies of insurance policies covering the Estate assets for each year; Details of all disbursements or payments made from the estate, together with supporting vouchers, since the date of issue of the Letters of Administration to the date of accounting and which shall include breakdown of legal and professional fees included or pad or payable on CVHGB-00152213 and herein detailing to whomsoever these have been paid;
This information shall include a detailed breakdown of “monthly operational expenses” with supporting vouchers and details of the recipients of such expenses; Details of any and all interim payments made to heirs under the impugned Will, together with supporting vouchers, since the date of issue of the Letters of Administration to the date of the accounting and purpose of each such payment; The location and account details of any and all bank accounts of the estate, together with accounting in respect of all interest accrued to each such account;
Details and location of any investments from Estate funds made by the Executrix and or heirs under the impugned Will since the date of issue of the Letter of Administration of the date of accounting; The above shall include a detailed breakdown of the investment in the agricultural project at the Metlobo field specifying the sums invested to date, mines recovered, and the current status of the project that property; In conclusion, Thuto told Mokgethi’s lawyers that “Please be guided by this when submitting your supplemental report. Please file a power of attorney as evidence of the fact that had been duly appointed to replace Vergeer Consultants…” [/ihc-hide-content]
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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.”
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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.