Alleged loan constitutes Corruption - Mubika
05 Aug 2026
A loan from Wise Creatives Pty Ltd to former Minister of Minerals and Energy Lefoko Moagi constitutes valuable consideration, and is therefore an act of corruption.
The state prosecutor, Mr Ambrose Mubika of the Directorate of Public Prosecutions (DPP), said on Tuesday while opposing the defence’s “no case to answer” application.
“The most damning evidence against the accused person is that he was found with the card belonging to Wise Creatives,” he said.
He said in terms of the law, valuable consideration is defined as a gift, benefit, loan or reward, he added.
“If the accused’s defence is that the money was a loan, then the defence has no case because a loan is a valuable consideration,” he said.
“Assuming it was a loan, what were the terms of the loan? Was Wise Creatives registered to issue loans? Did they have licences from NBFIRA? If it was a loan, why is it in the account of the loan giver?” he asked.
He also asked that if it was a loan, why was it not declared to the Permanent Secretary to the President, to the Ethics and Integrity Committee, or to the investigating officer.
He noted that, in his view, the argument that the money was a loan misses the whole point.
He said it was common cause that the money on the credit card was given to the accused and that he had access to the whole P4.7 million.
He said the state had proved that the accused had access to the account, used almost P1.8 million of the money, and that he has to explain what the money was for.
He said the defence argues there is no evidence that the money was a reward, noting that it was common cause that money was given to the accused.
He said the offence was committed the moment the accused received the money and used it for personal benefit.
When making the application, defence lawyer Mr Tengo Rubadiri argued that the state’s case must collapse as there was no evidence on which a proper conviction could be obtained.
He said the accused faces a single count of corruption, relating to funds that were allegedly a reward for the issuing of prospecting licences to New Energy Pty Ltd.
“We know for a fact that the licences were issued to New Energy and signed by the Honourable Minister as required,” he said.
He noted that nothing improper was done by the minister in issuing the licence.
He also said there is no evidence that the minister should have declined.
He further said there was no evidence on the record that New Energy gave a reward to the former minister.
He said in terms of the law, the state must prove that the money was given as a reward for the issuing of the licences to New Energy.
“It is simply not there,” he said, adding that there is no evidence to suggest that the P4.7 million was for his client.
He further said there is no evidence to suggest he was involved in the awarding of tenders, adding that this was even supported by technocrats called to give evidence by the state.
He also said the investigating officer failed to show the relationship or association between the three companies: Wise Creatives Pty Ltd, New Energy Pty Ltd and Ryders Pty Ltd.
The ruling on the no case to answer application is reserved for 29 September. ENDS
Source : BOPA
Author : Bonang Masolotate
Location : Gaborone
Event : Court
Date : 05 Aug 2026
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