05 Apr 2018

Gaborone Regional Magistrate South, Mr Chris Gabanagae has reacted with concern and apprehension that investigations into the P3.9 million scam involving a total of 13 people have not yet been completed, while on the other hand the prosecution is not properly updating the court.

Mr Gabanagae reacted after the prosecution informed the court that their investigations could take another month as they have been extended to South Africa. 

He said the substantive prosecutor, Mr Relentse Mosarwana has since assured the court that trial will kick-start as the first accused has already indicated to plead guilty.

Magistrate Gabanagae told state prosecutor from the Directorate of Public Prosecutions (DPP), Ms Seeletso Ookeditse, who was holding the fort, that the court has been labouring under the impression that the prosecution will come with summary of facts for the first accused for reading.

However, Ms Ookeditse who was steadfast, but apologetic for the time taken to complete the investigations told the court that their investigations were complete by December 2017 until some information surfaced involving the first accused Bhekizwe Nkomazana that there are some assets linked to him in South Africa.  

She said she was optimistic that the results of the Legal Mutual Assistance which they have so far forwarded to their South African counterparts will be available and therefore requested that the matter be called in six weeks' time. 

Ms Ookeditse also assured the court that pleading of Nkomazana, though he is the principal offender in the matter will not affect separation of trial.    

Meanwhile, some of defence attorneys representing some of the accused said prosecution was deliberately trying to stretch the patience of the accused as it is not convincing that after three years of investigations they are still failing to start trial.

Attorneys Messrs Lone Morapedi for accused six and Lyndon Mothusi for accused 10 said the best thing the prosecution could do is to withdraw the matter and register it when it is prepared.

Attorney Morapedi noted that the situation is totally unacceptable, adding that the prosecution should never be allowed to register cases before investigating.

He said what is currently prevailing is abuse of power in the sense that last year on November 16 the prosecution promised them separation of trial, but nothing is happening. 

Attorney Mothusi in the meantime said the act by the prosecution was ‘capricious and malicious act’ fueled by unlawful intent to punish the accused before the actual trial could commence.

In addition, Mr Mothusi said it was paining that the first accused has already spent almost three years in prison, a development which he said shows that he will be sentenced again while in essence he has already finished his sentence when all of his sentences are commuted. 

In the same vein, accused number two, Letlhogonolo Makgane, who is a lawyer by profession, told the court that he is still to be told why he is before the court.

He also noted that he has been served with partial service as the investigating officer’s statement among other documents have not been served to him and others.      

Makgane insinuated that he could only read malice and concluded that Mr Mosarwana is hiding and avoiding to complete what he started because he appears to be dragging his feet now.

He lamented that the matter has brought untold suffering in all forms unto him and therefore urged the prosecution to withdraw the matter as they can no longer be at the mercy of the investigators.

First accused, Nkomazana, was a gardener for the late Mr Solomon Tlhapane for 25 years until his death on September 1, 2016.

His co-accused are Makgane, Billy Molefe, Motlalepula Molefe, Bhekimpilo Moyo, Tebogo Koketso, Ketshephile Lempehu, Jerico Murima, Onthusitse Seoke, Daniel Gasefiwe, Keothupile Keothupile, Levy Mosweu and Pula Joseph. 

Nkomazana is charged with corruption, theft, entering the country through an illegal point, forgery of title deeds, obtaining by false pretences and giving false information while applying for a Botswana National Identity card and fraudulently obtaining a Botswana passport under pretext that he is a registered citizen.

He allegedly paid P12 000 bribe to Onthusitse Seoke, a senior registration assistant, in order to be issued with a Botswana birth certificate using the names of Khaya Bheki Mazibuku.

Seoke has also been charged with official corruption for receiving the money in a personal account and issuing a Botswana birth certificate to a Zimbabwean. ENDS