27 Oct 2020

A panel of Gaborone High Court judges made up of Mokwadi Gabanagae, Abednego Tafa and Matlhogonolo Phuthego on Tuesday (October 27) dismissed charges of money laundering levelled against the Kebonang twin brothers; Sadique and Zein. 

The Kebonang brothers had approached the High Court seeking a review of the charges levelled against them in the NPF money laundering case. Sadique and Zein were facing five and two counts of money laundering respectively. The duo and others were jointly charged with multiple charges of money laundering.

Pronouncing the ruling, Judge Phuthego said the decision in the review application was made based on the material that was presented before the court. 

He said the prosecution had failed to submit enough evidence that would convince the court that the charges levelled against the applicant had substance. 

He said the respondents in the matter being the Director of Prosecutions and the Attorney General through their attorney, Mpho Letswalo had struggled to direct and convince the court on how the applicants were charged. 

“Without evidence, the alleged criminal acts of money laundering levelled against the Kebonang brothers will be taken as mere hearsay,” said the High Court. 

Judge Phuthego said a major portion of the case record was made up of material that was irrelevant to the charges.

 He said the witness statements in the case record speak nothing of the applicants involving misappropriation of funds. 

Mr Phuthego said first applicant, Zein, was alleged to have been involved in the opening of bank accounts that were used to transact the alleged funds. 

However, the High Court was of the view that respondents attorney had not provided enough evidence to support the allegations. He said there was no prima facie evidence to support that the applicant knew or had reasonable grounds to suspect that the alleged money was from proceeds of a criminal act.

The court had also indicated that the second applicant, Sadique had indicated through their attorney, Mr Unoda Mack that the property in his possession, suspected to have been acquired from proceeds of an alleged crime was actually acquired as payment for debt from one Bakang Seretse of Basis Points.  

Sadique had told the court that through his law firm, Briscoe Attorney he was engaged by the company, and the debt was cleared through the acquisition of property. “The respondents’ attorney, has failed to establish as to whether the explanation was false or not,” said Judge Phuthego.

Mr Mack had argued that his client dealt with Bakang Seretse as an individual as he was never involved in his businesses and as such, Seretse’s sources of funds was unknown to him. 

Judge Phuthego said the applicant had stated in his affidavit that he was never involved in the affairs of Basis Points or any other company associated with Seretse. 

Judge Phuthego said the court had established that the second applicant, Sadique was not Director or a signatory to bank accounts at Basis Points, a company that was alleged to have been used to transfer funds from CMB. 

He said the charges levelled against him were malicious and irrational as he had never authorised any financial transaction under that company.

He said in order for the duo, to be charged with money laundering the prosecution ought to have established that the applicants had knowledge or reason to suspect that the alleged money was directly or indirectly in whole or in part from the proceeds of a crime. 

“There is no evidence in the records to suggest that the applicants knew of alleged criminal activity,” said Justice Phuthego.

Justice Phuthego said there was no prima facie evidence that the applicants knew, or have reason to suspect that the property was acquired through proceeds of crime. “Without substantive evidence, the court is of the view that continuing with the charges will be an infringement on their constitutional right to a fair trial.”

 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 Kebonang brothers had earlier approached the Gaborone Regional Magistrate questioning their inclusion in the NPF money laundering case. 

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

The Kebonang brothers and 10 other accused persons were 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 is facing two counts of money laundering while Sadique is charged with five counts of money laundering. Ends