24 Aug 2021

Gaborone High Court Judge, Justice Dr Zein Kebonang on Monday discharged and acquitted Ms Welheminah Mphoeng Maswabi, code named Butterfly, from all counts she was facing.

Justice Dr Kebonang was passing a judgment in a case in which Ms Maswabi had approached the court challenging the decision by the Directorate on Public Prosecution (DPP) to initiate and maintain criminal proceedings against her.

 Ms Maswabi sought an order declaring that criminal allegations and accusations made against her were fabricated and outright false.

She also wanted the court to order that allegations contained in the opposing affidavit of one Jako Hubona to the effect that she was a signatory to various bank accounts held in various South African commercials banks under companies called Blue Files Pty Ltd and Fire Files Pty Ltd, with a total balance in excess of US$100 billion were fabricated and outright false as such accounts did not exist and the said companies were also non-existent.

Further, she had sought the court to also set aside the decision by prosecution to charge her with possession of unexplained property, financing terrorism and false declaration, arguing that the charges were irrational and therefore be set aside.

In his judgment, Justice Dr Kebonang said criminal charges against the applicant were fabricated and outright false.

He agreed with the applicant that the companies referred to by the prosecution with amount in excess of US$100 billion were non-existent. 

He further ruled that the charge of financing terrorism, false declaration and unexplained property were irrational.

Further, Justice Dr Kebonang referred the first respondent, director of the public prosecutions to the President of Botswana as the appointing authority to consider his removal from office of DPP in terms of section 113(3) of the Constitution of Botswana.

The director was also referred to the Law Society of Botswana for investigations and appropriate sanction as well as to the Attorney General for investigation and possible prosecution.

Justice Dr Kebonang referred the investigator, Mr Hubona to the Commissioner of Botswana Police for prosecution for perjury and to the DCEC Director General as his line supervisor for disciplinary action.

The deputy director general of DCEC, Ms Pricilla Israel was referred to the permanent secretary to the President and to DCEC Director General for disciplinary action.

Justice Dr Kebonang also referred Ms Israel to the Law Society of Botswana for investigations and appropriate action.

Ms Maswabi was represented by attorney Mr Unoda Mack while attorney Mr Charles Gulubane represented DPP and attorney general. ENDS