13 Mar 2023

Murder accused, Modise David (39) says it is unfortunate that he is associated with the death of Michael Montshiwa on October 23, 2015 to an extent that he was charged and brought before court.

“It is unfortunate that I find myself before the court as an accused person in Montshiwa’ death. Since my arrest to date, I never came across evidence that ties me to the offence I am charged for. It puzzles me why the state believes I am involved in a crime,” he said.

David also denied that there was ever a heated exchange of words between him and the late Montshiwa, where the latter shouted at him asking him to bring back his money.

He told court that there was never a witness who testified in court in relation to the alleged heated altercation between him and the late Montshiwa. However, he confirmed that on Sunday, a day before the death of Montshiwa, he was in block six where he handed a gun to his friend.

Giving evidence on Saturday before Judge Dr Zein Kebonang, David (39) said in 2015, he was self-employed as an attorney, running a law firm.

David also confirmed that he was aware that he was before court to answer for a murder charge relating to the death of Michael Montshiwa on October 18, 2015.

He further confirmed that indeed Montshiwa was not only a client at his law firm but also a personal friend. Though, he could not recall the time when he came to know Montshiwa, David said he met the deceased through a friend, one Kevin Mokotedi, who like Montshiwa was his client and personal friend.

“He became my client at the law firm and the services rendered to him included taking care of his interests in property purchase and development. I was engaged to carry out due diligence for his proposed investments in property and facilitate transactions on his behalf whenever he wanted to buy property,” said David.

Asked by his attorney, Mr Ofentse Khumomotse to clarify on the transaction relating to the charge of theft, David revealed that the alleged transaction was for the purchase of a residential plot at Mogoditshane, on behalf of the late Montshiwa. “Montshiwa came to me with a proposal to secure a residential plot which was on sale at Mogoditshane. We paid a deposit of around P100 000 for the said plot,” said David.

David said other than working as an attorney, he was engaged in other side hassle with his late friend, Abo Kgwarae as a commodity broker. “The side hassle involved linking buyers and sellers of varied commodities and the late Montshiwa got interested and wanted to be part of it, but as a silent partner. It also involved smuggling cigarettes from Zimbabwe through Botswana.

I told him that there was risk involved, but it was a source of good money. As someone who was holding a high position as a CEO of a reputable company and therefore cannot be seen running around in such activities, he asked me to facilitate his shares in the side hassle and getting a commission,” said David.

David also indicated that the late Montshiwa was interested in the side hassle to raise funds for the piece of land he was about to buy in Mogoditshane. “He was determined to get the plot and did not want to lose it,” he said.

David said that there were a number of occasions where the late Montshiwa would come to him to lend some money. “It was a gentleman’s agreement and nothing was signed as I borrowed him such money. Though not formalised, I made notes of such transaction in his file,” he said.

Even though the late Montshiwa had asked to be a silent partner, therefore not known to the other members in the side hassle, David said he was surprised to learn from Kgwarae that there was suspicion that Montshiwa was somehow having personal involvement with some of the guys in the side hassle.

David confirmed that on two occasions he tried buying a pistol in South Africa for his personal use but failed.

Later, David revealed that he learnt that Bampoloki Seiso was selling a rifle and though showing interest later turned down the offer as the gun was not licensed. However, David said his late friend Kgwarae was a passionate about guns, he was a gun collector and he therefore asked him to buy it on his behalf.

“I had a way of getting it licensed and that I will take it to South Africa to have it rebuilt and registered. I bought it on his behalf for P2 500, only to discover after buying it that it was malfunctioning,” he said.

David said his former co-accused, Tumelo Tshukudu who was recently acquitted and discharged advised that one of their friends in South Africa was coming to Botswana and would assist in servicing the gun. David told court that the said friend arrived on the day prior to the death of Montshiwa and successfully fixed the gun.

“Kgwarae advised that before handing over the gun to him I must test if it was firing. Therefore, on the evening of that Sunday, I went out with Tshukudu to a bush near Taung, where he (Tshukudu) fired the gun and it was functioning well. I got the bullets that were used in testing the gun from Kgwarae,” said David.

Court further heard that after David handed over the gun to Kgwarae that evening, he (Kgwarae) told him that he was going to drop the gun at someone’s place at Block 8 and the said person appeared to be Martin, their partner in the side hassle.

“I was also supposed to meet with Montshiwa on that day, to update him on progress of the Mogoditshane plot and transactions of the side hassle, but failed as I was heavily engaged with friends on a drinking spree. We agreed to meet on the morning of the following day,” he said.

However, Modise said his proposed meeting with Montshiwa never materialised.

“On the said morning, as I was preparing to go and meet my client I received a call from Mokotedi with information that Montshiwa has passed on. He had received a call from Montshiwa’s sister that he was shot dead at his home last night,” he said.

Murder accused, Modise David (39) says it is unfortunate that he is associated with the death of Michael Montshiwa that took place on October 23, 2015 to an extent that he was charged and brought before court.

“It is unfortunate that I find myself before the court as an accused person in Montshiwa’s death. Since my arrest to date, I never came across evidence that ties me to the offence I am charged with. It puzzles me why the state believes I am involved in the crime,” he said.

David also denied that there was ever a heated exchange of words between him and the late Montshiwa, where the latter shouted at him asking him to bring back his money.

He told the court that there was never a witness who testified in court in relation to the alleged heated altercation between him and the late Montshiwa. However, he confirmed that on Sunday, the day before the death of Montshiwa, he was in block six, where he handed a gun to his friend.

Giving evidence on Saturday before Judge Dr Zein Kebonang, David said in 2015, he was self-employed as an attorney, running a law firm.

David also confirmed that he was aware that he was before court to answer for a murder charge relating to the death of Michael Montshiwa.

He further confirmed that indeed Montshiwa was not only a client at his law firm, but also a personal friend. Though he could not recall the time when he came to know Montshiwa, David said he met the deceased through a friend, one Kevin Mokotedi, who like Montshiwa, was his client and personal friend.

“He became my client at the law firm and the services rendered to him included taking care of his interests in property purchase and development. I was engaged to carry out due diligence for his proposed investments in property and facilitate transactions on his behalf whenever he wanted to buy property,” said David.

Asked by his attorney, Mr Ofentse Khumomotse to clarify on the transaction relating to the charge of theft, David revealed that the alleged transaction was for the purchase of a residential plot at Mogoditshane on behalf of the late Montshiwa. “Montshiwa came to me with a proposal to secure a residential plot, which was on sale at Mogoditshane. We paid a deposit of around P100 000 for the said plot,” said David.

David said other than working as an attorney, he was engaged in some side hassle with his late friend, Abo Kgwarae as a commodity broker. “The side hassle involved linking buyers and sellers of varied commodities and the late Montshiwa got interested and wanted to be part of it, but as a silent partner. It also involved smuggling cigarettes from Zimbabwe to Botswana.

I told him that there was risk involved, but it was a source of good money. As someone who was holding a high position as a CEO of a reputable company and therefore cannot be seen running around in such activities, he asked me to facilitate his shares in the side hassle and getting a commission,” said David.

David also indicated that the late Montshiwa was interested in the side hassle to raise funds for the piece of land he was about to buy in Mogoditshane. “He was determined to get the plot and did not want to lose it,” he said.

David said that there were a number of occasions where the late Montshiwa would come to him to borrow some money. “It was a gentleman’s agreement and nothing was signed as I lended him such money. Though not formalised, I made notes of such transactions in his file,” he said.

Even though the late Montshiwa had asked to be a silent partner, therefore not known to the other members in the side hassle, David said he was surprised to learn from Kgwarae that there was suspicion that Montshiwa was somehow having personal involvement with some of the guys in the side hassle.

David confirmed that on two occasions he tried buying a pistol in South Africa for his personal use, but failed.

Later, David revealed that he learnt that Bampoloki Seiso was selling a rifle and though showing interest later turned down the offer as the gun was not licensed. However, David said his late friend Kgwarae was fascinated with guns, he was a gun collector and he therefore asked him to buy it on his behalf.

“I had a way of getting it licensed and that I will take it to South Africa to have it rebuilt and registered. I bought it on his behalf for P2 500, only to discover after buying it that it was malfunctioning,” he said.

David said his former co-accused, Tumelo Tshukudu who was recently acquitted and discharged advised that one of their friends in South Africa was coming to Botswana and would assist in servicing the gun. David told the court that the said friend arrived on the day prior to the death of Montshiwa and successfully fixed the gun.

“Kgwarae advised that before handing over the gun to him I must test if it was firing. Therefore, on the evening of that Sunday, I went out with Tshukudu to a bush near Taung, where he (Tshukudu) fired the gun and it was functioning well. I got the bullets that were used in testing the gun from Kgwarae,” said David.

Court further heard that after David handed over the gun to Kgwarae that evening, he (Kgwarae) told him that he was going to drop the gun at someone’s place at Block 8 and the said person happened to be Martin, their partner in the side hassle.

“I was also supposed to meet with Montshiwa on that day, to update him on progress of the Mogoditshane plot and transactions of the side hassle, but failed as I was heavily engaged with friends on a drinking spree. We agreed to meet in the morning of the following day,” he said.

However, David said his proposed meeting with Montshiwa never materialised.

“On the said morning, as I was preparing to go and meet my client I received a call from Mokotedi with information that Montshiwa has passed on. He had received a call from Montshiwa’s sister that he was shot dead at his home last night,” he said.

“I gave a statement to the police as a witness and they told me that they would get back to me during the investigations if such a need arose. And then on December 23, 2015 I was summoned to Gaborone West Police Station, where I was told that I am no longer a potential witness but a suspect.

I was taken to CID office next to African Mall where I was interrogated for the whole day, spent the night in a holding cell and the following day I was taken to Village Magistrate Court for arraignment,” he said. The case continues. Ends“I gave a statement to the police as a witness and they told me that that they will get back to me during the investigations if such a need arises. And then on December 23, 2015 I was summoned to Gaborone West Police station, where I was told that I am no longer a potential witness but a suspect.

I was taken to CID office next to African Mall where I was interrogated for the whole day, spent the night in a holding cell and the following day I was taken to Village Magistrate Court for arraignment,” he said. The case continues. Ends