15 Oct 2017

Four men recently appeared before Molepolole magistrate, Ms Lindiwe Makgoro facing two charges of causing malicious damage to property and criminal trespassing.

On the first count, the accused Motlhopi Moutlwiemang, 53, Mokgotletsi Moutlwiemang, 50, Mooketsi Mampu 44 and Rasekelera Letlape, 63, are said to have acted jointly with common intent wilfully and unlawfully destroyed a borehole fence at Mogotlho-wa-lenong cattlepost between July 26 and 27, 2014.

On the second count, they are alleged to have on the same date and place acted jointly with common intent entered into the borehole despite the eviction order made to them on November 6, 2013 by the High Court.

The prosecution revealed that the borehole that was trespassed on belonged to a syndicate that has proper documentation, noting none of the accused is part of the syndicate.

The syndicate, which claims ownership of the borehole also alleged that the accused destroyed the fence and created a second entrance to the borehole despite the High Court order barring them from entering the said borehole.  

When he took the stand, the second accused Mokgotletsi Moutlwiemang revealed that he too does have documents that prove that the borehole belonged to his grandfather.

He told the court that the said syndicate’s documents are not legally recognised.

“I do not know why I and my family members are brought before court being charged with trespassing and causing damage to the fence of the borehole.

The truth of the matter is that we did not trespass as the borehole is legally mine and we went there to fix the fence that was damaged by the cattle.

I have the documents that will reveal the rightful owner,” he explained.

He denied having ever been served with any document from the High Court.

“I never signed for anything that came from the High Court and I want to reveal that the said syndicate has never applied for change of ownership of the borehole, because as the rightful owners, we could have been notified. He indicated that it is just a conspiracy to steal his family property.

All accused revealed that they did not know anything about the said court order and all they know is that the borehole belongs to the Letlape family,” he said.

Ntsimako Moutlwiemang, 56, has also been charged, but was later acquitted in both counts.

The state was represented by Superintendent Jourbert Kome of Botswana Police, while the accused were represented by attorney Friday Leburu.

The accused were ordered to appear on November 6 for judgment.

All accused are out on bail.ENDS