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Witness Fails to Identify Critical Evidence

30 May 2024

The trial of a Zimbabwean national, Bhekizwe Nkomazana, also known as Khaya Bheki Mazibuku, accused of failing to disclose the death of Solomon Thapane to his family and subsequently obtaining over P4 million by selling his properties, commenced on Wednesday at Ext II Magistrate's Court.

However, the accomplice witness failed to identify the birth certificate he claimed to have facilitated for the Zimbabwean.

Nkomazana, who previously worked as a gardener for the late Thapane until his passing in 2016, is facing charges alongside Othusitse Seoke, Daniel Gasefiwe, and Levy Mosweu, who are accused of official corruption for aiding him in obtaining a birth certificate, a national identity card (Omang), and a driver's license.

During the trial, the first witness, Jerico Murima, who was initially the second accused person, was unable to identify the birth certificate, which was a crucial piece of evidence in his testimony.

Murima detailed his alleged involvement in assisting Nkomazana to acquire a birth certificate, Omang, and a driver's license. He mentioned meeting Nkomazana at the then Gaborone Sun, where he offered help when Nkomazana experienced a car breakdown. Following this encounter, Nkomazana sought Murima's assistance in obtaining a national identity card since his parents were unwilling to assist.

Murima stated that he contacted his friend Seoke, who worked at the Department of Civil and National Registry, and arranged for Nkomazana to obtain the required documents for a fee.

However, when the state prosecutor Ms Keletso Ookeditse sought to produce the birth certificate, Nkomazana’s attorney Mr

Kgosietsile Ngakayagae objected saying the witnesses failed to identify the birth certificate.

“We clearly object to the production of the birth certificate,” Mr Ngakayagae said, adding that the witness failed to identify the birth certificate with its distinctive features such as its number,

The objection was upheld by Magistrate Ms Kamogelo Mmesi, who ruled that the witness would not be allowed to identify the birth certificate as evidence in court.

Regarding the involvement of the other accused individuals, Murima mentioned his role in helping Nkomazana obtain a driver's license through Gasefiwe, an employee at the Department of Road Transport and Safety. Murima explained the financial transactions involved in securing the driver's license.

As for Mosweu, another accused person, Murima claimed ignorance about his role in the matter and questioned the basis of his charges.

During cross-examination by Gasefiwe's attorney, Mr Enock Mazonde,Murima denied any malicious intent or framing of the accused, countering allegations related to personal relationships and monetary transactions.

Nkomazana is facing charges of obtaining money by false pretenses and failure to inform the family of Thapane about his death. Allegations include defrauding sums of P3.5 million and P450 000 by selling Thapane's properties without authorization. Gasefiwe, Seoke, and Mosweu are facing charges of official corruption.

The case is scheduled to continue on August 12 and September 17, 18, and 19 at Ext II Magistrate Court. Ends

Source : BOPA

Author : Bonang Masolotate

Location : Gaborone

Event : Court case

Date : 30 May 2024