20 Sep 2020

The Gaborone High Court has been advised to continue with charges of money laundering levelled against the Kebonang twin brothers; Zein and Sadique.

The call was made on Thursday before a full bench of High Court Judges consisting of Mokwadi Gabanagae, Abednego Tafa and Matlhogonolo Phuthego by attorneys representing the Directorate of Public Prosecutions (DPP) and Attorney General (AG). The Kebonang brothers were questioning their inclusion in the NPF money laundering case.

The duo had approached the High Court to review the decision of the Magistrate Court to involve them in the NPF money laundering case. 

The brothers had earlier approached the Gaborone Regional Magistrate Court questioning their inclusion in the NPF case. 

Their application was dismissed, prompting them to ask the High Court to intervene and review the decision of the magistrate.

Mr Mpho Letswalo and Mr Grenorah Bengane representing the DPP and AG respectively were of the view that there was evidence to support the DPP’s decision to charge the applicants. 

“The applicants acted in consent with others that there are jointly charged with. The DPP has established how money was transacted between the first applicant, (Zein Kebonang) and others through Brisco Attorneys, and how it ended up purchasing property,” said Mr Letswalo.

Mr Letswalo also revealed that the second applicant (Sadique Kebonang) was an executive director at Basis Point, a company also appearing as an accused person in the criminal case, at a time when the alleged transactions of money laundering were taking place.

Meanwhile, the applicants maintained that the decision of the magistrate court to refuse their application must be reviewed. Represented by Mr Unoda Mack and Mr Isaac Seloko, the Kebonang brothers informed the High Court that charges laid against them were baseless.

Mr Mack said the case record before court had nothing that connected the applicants with money laundering. 

He said there was no base for the DPP to arrive at the decision to prosecute his clients. Mr Mack was of the view that the DPP’s move to involve his clients in the case was fuelled by improper motives.

Mr Mack said allegations that Zein Kebonang signed for the opening of a bank account that was used to plunder NPF funds were false. 

“As per the record before court, the applicant was not present when the resolutions were taken,” he said.  

Mr Mack said his clients were accused of taking part in decisions of companies which they were not associated with.

Mr Mack also said there was no need for the DPP to take someone to court when there was no probable course. 

He said the DPP must initiate proceedings when there was reasonable and probable material to result in a conviction. 

“I urge the court to grant the application and set aside the decision of the DPP on behalf of both applicants,” he said.

The Kebonang brothers and 10 other accused persons are reportedly facing more than 168 charges ranging from money laundering, theft, abuse of office, giving false information to a person employed in the public service and uttering a false document. 

In the main criminal case, Zein (Kebonang), who is the eighth accused person, is facing two counts of money laundering while the sixth accused person, Sadique (Kebonang), is charged with five counts of money laundering.

The High Court will make its ruling on the application on October 27. ends