21 Apr 2020

Former Big Brother Africa contestant Justice Motlhabani along with co-accused, Letsogile Barupi and Oratile Dikologang have been granted bail in the case where they are facing charges of publishing false information online with the intent to deceive the public.

The three were remanded by Regional South Magistrate Goodwill Makofi last week Tuesday, April 14, following which Motlhabani and Dikologang, the first and third accused in the matter, successfully applied for bail at the Lobatse High Court on April 17.

Having effectively argued for bail through the attorneys Victor Ramalepa and Tebogo Tladi, the Lobatse High Court granted Motlhabani and Dikologang their plea but on the condition that their bail effects from April 21, the day they were already due to appear before Makofi.

During the hearing on April 21, morning at the Regional South Magistrate Court in Gaborone, Makofi acknowledged the decision of the high court to grant the first and third accused bail, before hearing the case for the second accused, Letsogile Barupi, who now has separate legal representation.

Barupi’s attorney  Sesupo Masaka successfully argued for his client, a University of Botswana student, to be released on a bail surety of P5000, which is less than the P10 000 required of Motlhabani and Dikologang, who are in gainful employment.

State counsel Wedu Mbongwe told the court that the state had concluded preliminary investigations that they had not wanted the accused to tamper with, and as such would not oppose the bail application, and said they wanted Barupi to have similar bail conditions to Motlhabani and Dikologang.

Acting for the first and third accused, defence attorneys Biggie Butale and Kagisano Tamocha said subsequent to their camp earning bail at the Lobatse High Court, and the state revealing that initial investigation had been concluded, the court should order the state to hand back the accused’s confisticated gadgets including a laptop and cellphones.

This was opposed by the state, with Mbongwe revealing that the investigating officer had advised that the gadgets were still necessary for further investigation.

In making his determination, Magistrate Makofi ruled that Barupi would be granted on some conditions, among them that he bind himself to the sum of P5000 and report regularly to the Central Police Station in Gaborone.

Most of Barupi’s bail conditions are similar to those that the high court had handed Motlhabani and Dikologang, though there were differences in bail amounts. The first and third accused were released on their own recognizance of P10 000.

Furthermore, the duo are to provide two citizen Batswana sureties who would bind themselves to the same P10 000 amount; they are not to commit crime or interfere with state witnesses while on bail; they are to forfeit travelling documents; and are to report fortnightly to the station commanders of the Palapye (Motlhabani) and Takatokwane (Dikologang).

Motlhabani, Barupi and Dikologang are jointly accused of publishing statements with intention to deceive persons about COVID-19 infection, contrary to Regulation 31 (3C) of the Emergency Powers Act of 2020, and of the use of offensive electronic communication, contrary to Section 18 of the Cyber Crime and Computer Related Act of 2018.

The date of the next mention has been set for July 30. Ends