03 Feb 2019

The accused in the P3.9 million graft case, Bheki Nkomazana, who was last December denied bail by Gaborone Regional Magistrate-South, Mr Masilo Mathaka, is anticipating that the prosecution will separate his trial from others when he returns to court next month.

Nkomazana, who recently went back to his initial plea of guilty, has reportedly parted ways with attorney Kgosietsile Ngakaagae who during his short stint advised him to change his plea from guilty to not guilty.

He is yet to inform court that he has now engaged the services of another lawyer, Mr Enoch Mazonde.

His change of plea has put the prosecution in a tight corner as it does not know whether it would be ready to read him the summary of facts, which it had long prepared but shelved after he changed his plea.

The prosecution will also have to serve Mr Mathaka with the summary of facts, as he inherited the case from the then magistrate, Mr Chris Gabanagae, so that he could familiarise himself with the summary.

During one of his submissions, Ngakaagae noted that from 13 accused people, 12 were on bail (11 Batswana and one Zimbabwean), while his client continued to languish in jail without a proper explanation from the prosecution.

He urged the court to grant his client bail on condition that he provided a local surety and a cash bail that the court would determine, among other conditions, adding that the circumstances that prevented him from getting bail had long withered with time.

In response, the state counsel from the Directorate of Public Prosecutions (DPP), Ms Seeletso Ookeditse said possession of two passports (Zimbabwe and Botswana) by the accused as well as Omang were 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.

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, who died on September 1, 2016.

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