The Office of the Receiver under the ministry of Défense, Security and Justice has confirmed that it has lawfully seized properties belonging Rapula Okaile who is accused of defrauding Botswana Public Officers Pension Fund (BPOPF) millions of pula through Capital Management Botswana (CMB). Okaile was the chief executive officer of the asset management company, CMB.
While he would not reveal the amount of money or property his office seized so far, the receiver, Bafi Nlanda, confirmed to this publication that his office has lawfully seized property belonging to Okaile after the Gaborone High Court confirmed a rule nisi against properties connected to Okaile.
“It is true that my office is in possession of such property,” says Nlanda. He said once his office gets a court order, his office does not waste any time to trace the whereabouts of such property and takes it to their Warehouses where it is kept safely. “Our warehouses are well maintained and secured 24/7 therefore no one can take any chances,” he says. He said it will be unprofessional and careless to reveal the location of the location of the warehouses as it would “be a security breach.”
The seizure comes after Gaborone High Court on 27 January, 2022, confirmed a rule nisi issued against properties connected to Okaile and dispensed a Restraining Order under section 35 (3) of the Proceeds and Instruments of Crime Act. Judge Motumise agreed with the Directorate of Public Prosecutions (DPP) that there is enough evidence to suggest that there is reasonable suspicion that the property could be proceeds of crime, and should be ceded to the Office of the Receiver.
The seized properties include the following: The order relates to Lot No. 311, Extension 5, Gaborone, Lot No. 312, Extension 5, Gaborone, Lot No. 2839, Extension 10, Gaborone, Lot No. 22022, Gaborone West, Extension 13, Gaborone, Lot No. 57266, Block 10, Gaborone, Lot No. 3277, Extension 12, Gaborone, Ploughing field at Madiabatho, Pitseng, Scania Truck registered B 925 AUO, Toyota Land Cruiser registered B 925 BBU, Toyota Hilux registered B 675 AYU, Toyota Corolla registered B 974 BBP, Toyota Corolla, registered B 679 AZN, JCB Backhoe loader registered B603 APT, JCB Front end registered B 288 AKY, Massey Ferguson Tractor registered B 993 APJ, Tipper Truck registered B 737 ACE, Fuel tank trailer registered B479 BGB, Link Trailer registered B712 AJK, Link Trailer registered B 714 AJK, Link Trailer registered B 498 BGF, Link Trailer registered B 492 BGF, 18 Hydraulic Disc Plough serial number 4302, Row Planter serial number NB75-1272, Farrow Mould Board, serial number ARPG47110, Toyota Land Cruiser registered B587 BEW”.
The main issue in the proceedings was to establish whether the various properties cited as respondents should be placed under restraint in terms of the Proceeds and Instruments of Crime Act (PICA) on account of a reasonable suspicion that they are proceeds of crime and were acquired in furtherance of the offence of money laundering contrary to section 47 of PICA.
On 19 November, 2019, the Director of Public Prosecutions brought an ex parte application in terms of sections 35 and 39 of PICA, for a rule nisi to secure and restrain the respondents pending confirmation of the rule nisi and the subsequent institution and finalisation of the civil forfeiture or civil penalty proceedings against the said respondents.
The Director General of the Directorate on Corruption and Economic Crime (DCEC) Tymon Katholo has revealed why he took a decision to engage private lawyers against the State. The DCEC boss engaged Monthe and Marumo Attorneys in his application to interdict the Directorate of Intelligence and Security (DIS) from accessing files and dockets in the custody of the corruption busting agency.
In his affidavit, Katholo says that by virtue of my appointment as the Director General of the DCEC, he is obliged to defend the administration and operational activities of the DCEC. He added that, “I have however been advised about a provision in the State Proceedings Act which grants the authority of public institution to undertake legal proceedings to the Attorney General.” Katholo contends that the provision is not absolute and the High Court may in the exercise of its original jurisdiction permit such, like in this circumstance authorise such proceedings to be instituted by the DCEC or its Director General.
Botswana Democratic Party (BDP) has gone through transformation over the years, with new faces coming and going, but some figures have become part and parcel of the furniture at Tsholetsa House. From founding in 1962, BDP has seen five leaders changing the baton during the party’s 60 years of existence. The party has successfully contested 12 general elections, albeit the outcome of the last polls were disputed in court.
While party splits were not synonymous with the BDP for the better part of its existence, the party suffered two splits in the last 12 years; the first in 2010 when a Barataphathi faction broke ranks to found the now defunct Botswana Movement for Democracy (BMD). The Barataphathi faction was in the main protesting the ill-treatment of then recently elected party secretary general, Gomolemo Motswaledi, who had been suspended ostensibly for challenging the authority of then president, Ian Khama.
Mr Abdoola has known Mr. Uzair Razi for many years from the time he was a young boy. Uzair’s father, Mr Razi Ahmed, was the head of BCCI Bank in Botswana and “a very good man,” his close associates say.
Uzair and his wife went to settle in Dubai, the latter’s birthplace. He stayed in touch and was working for a real estate company owned by Mr. Sameer Lakhani. “Our understanding is that Uzair approached Mr. Abdoola to utilize their services for any property-related interests in Dubai. He did some work for Mr.Abdoola and others in the Botswana business community,” narrates a friend of Mr Abdoola.