09 Sep 2018

Gaborone High Court has dismissed with costs the case in which former Botswana Premier League, chief executive officer Bennett Mamelodi was seeking the court to set aside a forensic audit conducted by ADM Forensic Services.

Mamelodi had made an application to the High Court to challenge findings of the  audit report that was prepared by ADM Forensic Services at the instruction of Botswana Football Association (BFA).

Also Mamelodi pleaded with the High Court to expunge portions that tarnishes his name, in the event that the court does not set aside the forensic audit, and also that the respondent be ordered to pay costs of the application.  The court said Mamelodi had argued in his submissions that the objective of the forensic audit report was merely to strengthen the respondent case against him in disciplinary hearing that had been scheduled against him.

According to court papers, the forensic audit was commissioned by BFA for purposes of a disciplinary hearing against Mamelodi that was scheduled to be conducted on February 20, 2017.

In his judgment on Thursday, High Court Judge, Justice Godfrey Radijeng said a day before the disciplinary hearing Mamelodi moved the application on urgency seeking among others, an  interim interdict or restraining order against BFA pending determination of the notice of motion which sought declaratory orders in amongst others to set aside the audit.

He said Mamelodi also challenged the forensic report as premised on draft financial regulations of BFA that he contended were never adopted. 

“The applicant contention is that forensic audit report maligns or accuses him of fraud, theft, maladministration, dishonesty and criminal activity,” he said.

He however said Mamelodi stated that the forensic audit made adverse findings, and he was entitled to a hearing to answer the findings raised before the report was finalised.

 Justice Radijeng concluded that, to continue to address the question whether Mamelodi had the right to be heard before the forensic audit exercise would be without any practical effect.

He said this was so in his view as he had concluded that there was no public interest or basis that would be served by setting aside the forensic audit report. 

Mamelodi was represented throughout the case by Dutch Leburu of Monthe Leburu and company, while BFA was represented by Joseph Akoonyatse of Akoonyatse Law Firm. ENDS