22 Aug 2018

A new twist has developed in the P3.9 million financial embezzlement case after the principal offender changed his plea of guilty on all the charges he is facing and engaging a legal representative.

The new twist happened Tuesday before Broadhurst Chief Magistrate, Ms Faith Dlamini-N’gandu who was presiding over the case on behalf of the regional magistrate-south who is yet to be appointed to take up the matter. 

Former regional magistrate south, Mr Chris Gabanagae last month during a scheduled sitting for facts reading for the first accused informed the court that he would no longer continue with the case as he was appointed a High Court judge, a move which has taken the matter a step backward.

At the centre of the case, a Zimbabwean national is accused of stealing P3.9 million from his late employer, and had pleaded guilty to multiple charges he is facing together with his co-accused who are all on bail. 

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

He had pleaded guilty to all 10 counts his 12 co-accused pleaded not guilty. However when the matter was called this week, attorney Kgosietsile Ngakaagae introduced himself as the legal representative of Nkomazana and later told the court that his client now wished to rescind his earlier decision of pleading guilty.

Ngakaagae said since Nkomazana was not properly advised and was fighting the case alone without any assistance, he ended up submitting and wanted to correct the legal error through pleading not guilty and going for a trial.

Nkomazana will come for mention on September 5, 2018 while the rest will come for mention on September 25, 2018 where possibly a new regional magistrate would have been appointed to set the case in motion.

Nkomazana had agreed to have forged documents of the late Tlhapane acting jointly with other accused persons and defrauded him of his properties and hindered his burial.

Among the accused are two practicing lawyers, Mr Letlhogonolo Makgane an attorney at Senamela Sekga Attorneys and Bhekimpilo Moyo, an attorney at Moyo Legal Practices. 

In the past Nkomazana had pleaded for separation of cases, but it was not possible as the lead prosecutor from the Directorate of Public Prosecutions (DPP), Mr Relentse Mosarwana said he was not yet ready with summary of facts. 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 the 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.

Nkomazana allegedly sold Mr Tlhapane’s house and a commercial plot and deposited the money into his account. 

The deceased’s body laid at the mortuary for a long time while the accused allegedly told the deceased’s children based in South Africa and the UK that their father was well, long after his death. 

Meanwhile attorneys representing some of the accused including accused number five Moyo urged the court to pressurise the prosecution, which was this time represented by Ms Seeletso Ookeditse from DPP to serve them with all documents which they had long demanded.

However in her reply, Ms Ookeditse said they have served the defence with 95 per cent of the needed documents and would endeavour to serve them with the rest of the documents before coming to court next month. ENDS