03 Aug 2021

 The Directorate of Public Prosecutions (DPP) has dropped the charges against Welheminah Maswabi, known in spy circles as Butterfly, without prejudice. 

That means the DPP still has the option to re-file the case against Maswabi. Maswabi has been facing charges of possession of unexplained property and false declaration of passport. 

Advocate Gerhardus Nel told BOPA following the decision to drop the charges yesterday that they had advised the DPP to withdraw the charges without prejudice. 

He said the idea was to gather evidence before proceeding with the case. 

Advocate Nel said the DPP had a challenge with their request for mutual assistance from South African (SA) government, which led DPP to approach the courts to force them to assist or to provide reasons why they could not do it. 

He highlighted that the Minister of Justice in SA, through the media indicated they would be opposing the application, before giving feedback to Botswana Government. 

He said the Department of Justice later filed the intention to oppose but failed to file any affidavit supporting their application, adding that the DPP then successfully acquired a court order to force them to comply. 

“They are now in contempt of court order since they failed to comply before the set date of July 21,” he said. 

He said they would now proceed with contempt proceedings against the South African Minister of Justice and the Department of Justice. 

Advocate Nel said during their engagement with the DPP and investigating team, they also realised that there were some law enforcement agencies that were in possession of evidence and information relevant to the case but failing to share it with DPP. 

This, in addition to the refusal by the South African government to assist had caused them to advise the DPP to drop the charges without prejudice. 

“We believe it was irresponsible to proceed with the matter without all relevant information, which we believe is available,” he added.Ends