03 Dec 2018

An accused in the P3.9 million graft Bheki Nkomazana is crossing his fingers tight in an anticipation to get bail when the court delivers ruling on November 29. 

Submitting before the new presiding officer, the regional magistrate - south, Mr Masilo Mathaka, Nkomazana’s lawyer Mr Kgosietsile Ngakaagae briefed the court that his client had been in incarceration for the past two years without any progress from the prosecution. 

Attorney Ngakaagae noted that from a total of 13 accused, whom 12 are Batswana and are all in bail, his client continued to languish in jail without proper explanation from the prosecution authority why he should further be detained. 

He noted that the prosecution could not hold tight on the reason that his client was a Zimbabwean and may, therefore, skip bail, adding that such alone was not justifiable. 

He noted that adoptive parents of Nkomazana may have omitted to normalise his stay by getting in touch with the immigration office to normalise his citizenship. 

Mr Ngakaagae further told the court that his client came to Botswana at the age of 13 years and now what should happen was that he should be asked to choose between the nationalities of Zimbabwe and Botswana.

He also said Nkomazana had a valid Omang and Botswana passport, something that was not surprising and the state was privy to. 

He therefore urged the court to grant his client bail on condition that he provides local surety and cash bail that the court would determine, among other conditions. 

He said the circumstance that prevented him from getting bail have long withered with time. 

In response, state counsellor from the Directorate of Public Prosecutions (DPP) Ms Seeletso Ookeditse said the two passports of Zimbabwe and Botswana as well as Omang were subject to be used during trial and further said it would be proper to subpoena the investigating officer to inform the court why Nkomazana should not be granted bail. 

In addition she said the High Court had already dealt with the issue of bail, a move that magistrate Mathaka said the initial circumstances could have changed in the last two years and therefore ordered the prosecution to file the said High Court order so that he could study it before delivering his ruling on Thursday. 

He wondered if it would be judicious on the part of the accused to stay for 10 years behind bars if the trial was to take that long. 

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 was a registered citizen.  

At the centre of the case, Nkomazana, who is believed to be a Zimbabwean national, is accused of stealing P3.9 million from his late employer of 25 years Mr Solomon Tlhapane until his death on September 1, 2016. 

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 lay 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. ENDS