17 Nov 2019

A magistrate court in Jwaneng has rejected an application by Bonang Ngwenya that he be handed back his passport and identity card.

Ngwenya is accused of fraudulently obtaining the said documents.

When rejecting the application, Magistrate Odirile Mokgatle, indicated that the accused had previously made a similar application, but it was rejected on the grounds that the documents were the gist of the case and therefore could only be released when the matter had reached conclusion.

He agreed with the prosecution’s argument that the documents should be kept as record for evidence purposes until the matter was finalised. 

The magistrate, however, directed the prosecution to assist the accused with the said documents, whenever he needed to use them.

In his application, the accused indicated that his life had stalled ever since the documents were confiscated in 2017 and that it even looked gloomier because the prosecution could not guarantee that the investigating officer, who was the last witness left in the matter, would be available in the next appearance.

“I was hoping that the matter would conclude today, but the investigating officer failed to come to court and we are not sure whether he will make it when we come back here next year,” he said.

Ngwenya also said there was no chance of him skipping the county if given the documents. “I am a public figure and there is nowhere I can hide. Even if I can go outside the country, televisions will beam my face,” he said.

He also indicated that the prosecution knew where he stayed  and would easily get him if needed.

Meanwhile, Mr Mokgatle directed the prosecution to make sure that the investigating officer was available in the next appearance, failing which he would have no choice, but to issue a warrant of arrest for the said officer.

This was after the prosecutor, Sub Inspector Edwin Supang indicated that he did not know the whereabouts of the investigator, who was on suspension from duty due to other matters.

 He however, said the investigating officer was made aware that he should be available on the day to give evidence

Earlier efforts by the court to break and hunt for the investigation officer drew a blank since he could not be located.

Earlier, forensic scientist from Botswana Police Service, Ms Tirelo Marope presented a DNA report from samples taken from the accused and the woman he allegedly purported to be his mother.

The report indicated that no biological relationship existed between the woman and then accused.

On cross examination, the accused asked Ms Marope of the accuracy of the procedure and the degree of possibility to which the blood samples analysed could not be his and his purported mother’s.

Ms Marope indicated that DNA analysis was 99.9 per cent accurate, but said she could not answer much on the procedure of collecting the samples and submitting them to the lab since it was the matter taken care of by other staff members.

The case will continue on January 22.  Ends