08 Aug 2019

Kativa Diwanga’s attorney, Mr Mishingo Jeremiah says despite the prosecution’s failure to justify his client’s continued incarceration, defence would afford the state the opportunity to sort themselves out before moving an application for bail.

In an appearance before Broadhurst Magistrates Court August 8, Mr Jeremiah, whose client has been charged with the June murder of three family members in Tsholofelo East in Gaborone, expressed disappointment that Diwanga’s liberty was being curtailed further without any reasons being advanced.

The attorney also dismissed as lacking, the update by the prosecution regarding Thomas Gilala, the Tanzanian national suspected to have had a hand in the killing of the trio.

He said the update regarding the mutual legal assistance between Botswana and Namibia, the country to which Gilala allegedly fled and is being held at, was lacking in particularity as the court was not being told what exactly had so far been done.

He said the general statements that the state was still awaiting a response from Namibia were not good enough, arguing that it was possible that as things were, there had been no request for Namibia to assist in having Gilala extradited to Botswana.

Mr Jeremiah also contended the prosecution’s doubts over Diwanga’s nationality, labelling them a mere witch-hunt as his client was a Motswana born to a Motswana.

He submitted that allegations that Diwanga had ties outside the country were made carelessly without any basis, but just to keep the accused in custody.

When addressing court, the prosecutor Inspector Kedumetse Shamukuni had said the state had kick-started the extradition process to have Gilala brought to Botswana, but that Namibia was yet to respond to their request.

On the issue surrounding the accused’s nationality, Insp. Shamukuni informed court that according to information from the Department of Civil and National Registration, Diwanga as well as his mother were Batswana. However, she said the nationality of the accused’s father had not been established as there was no information on it. The prosecutor concluded her submissions by applying for the accused person’s further remand.

After listening to both parties, presiding magistrate Ms Linah Mokibe-Oahile ordered that Diwanga be further remanded but warned the state to come for the next hearing prepared to adequately update the court on the state of their investigations.

Magistrate Mokibe-Oahile said the prosecution could not keep the court in the dark about what was happening and keep on applying for an extension of the remand warrant.
Diwanga, who will appear for another mention on August 22, is alleged to have, on June 10, murdered Methulesi Musoliwa, his wife Sibongile Marks and their daughter Mellissa Marks. ENDS