27 Nov 2019

The defence in the high profile case of Directorate on Intelligence and Security Services (DIS) computer programmer, Wilhelmina “Butterfly” Maswabi is set to argue that the case be dropped owing to lack of evidence.

Regional Magistrate-South Masilo Mathaka yesterday set February 7 as the date for the defence to present its case for the quashing of charges. 

Maswabi is facing three counts of possession of unexplained property, financing terrorism and false declaration of passport.

State counsel Priscilla Israel requested postponement of the case to allow for conclusion of investigations currently ongoing in other countries.

She explained that the Directorate of Public Prosecutions (DPP) had submitted mutual legal assistance request to other countries particularly to trace relevant bank statements.

Defence attorney Uyapo Ndadi protested that this was the fourth appearance and that the state had continuously pleaded for more investigation time which he said prejudiced his client.

He said the longer the case continued, the more his client would suffer from the public perception that she guilty.

Ndadi argued that the first and third counts, pertaining to possession of unexplained property and false declaration of passport, did not require investigations outside the country.

He dismissed the financing of terrorism count which  alleges that “Maswabi, in her personal capacity as one of the signatories of Blue Files (Pty) LTD’s Royal Bank of Scotland’ bank account held in the Republic of South Africa, with intent to facilitate the commission of an act of terrorism, transferred an amount of US$2.95m (P32 million) to Isaac Seabelo Kgosi who on 15 January 2019 threatened to commit acts of terrorism against the Republic of Botswana.”

Citing the 2014 Counter Terrorism Act, in particular Section 12 which defines a terrorist, Ndadi said former DIS director general Kgosi did not fit that definition and had never been charged with terrorism, which meant the accused had never financed any such act.

Ndadi reiterated that the state’s case was based on fabricated evidence and the withholding of further information.

The defence had acquired sworn affidavits to the effect that, contrary to allegations, former President Lt General Ian Khama had never instructed Bank of Botswana to transfer funds; and that South African commercial banks, ABSA and Nedbank officially denied the existence of the bank accounts mentioned in the charge sheet, he said.

Also, the defence had argued that former Director of Immigration and Citizenship, Mabuse Pule had authorised the passport Maswabi had been accused of acquiring through a false declaration.

In response, Israel said in granting Maswabi bail, the high court had not ruled the case on its merits and thus the defence’s argument had not been accepted as matter of fact. 

The state had not opposed the bail application because investigations were still ongoing in different jurisdictions and settled for bail with conditions that balanced public interests with those of the accused.

Citing Kanjabanga versus the State, Israel argued it was legally permissible for a case to be filed with the courts based on reasonable suspicion while investigations were still ongoing.

The state’s intention, she said, was to oppose the plea for dismissal of the case and eventually commit the trial to the high court. Ends