19 Oct 2026

The charge sheet read before the Gaborone Regional Magistrate Court alleges that former Ghanzi North Member of Parliament, John Thiite, fronted for Zac Construction (Pty) Ltd and its director Nicolas Zakhem to fraudulently obtain a P272.3 million Tutume infrastructure tender.

Thiite appeared before Regional Magistrate Mr Mareledi Dipate alongside Thiite Rubble Screeners (Pty) Ltd, Nicolas Zakhem, Zac Construction (Pty) Ltd, Kagiso Nthaga, Tumelo Johane Mbaiwa, Portia Tebogo Gilika and Haas Consult Southern Region Africa (Proprietary) Limited. Nicolas Zachem was not arraigned due to ill health.

The first to the fourth accused persons, Thiite, Thiite Rubble Screeners, Nicolas Zakhem and Zac Construction face a charge of obtaining by false pretences among others.

It is alleged that Thiite, in his capacity as Managing Director of Thiite Rubble Screeners and Nicolas Zakhem, in his capacity as Managing Director for Zac Construction, on several dates between September 2017 and August 2020, at or near Serowe, acting together and in concert with intent to defraud the government, obtained the sum of P272,378,310 from the Central District Council.

The amount had been allocated by government under the Economic Stimulus Programme for the Tutume Infrastructure Project tender and they are alleged to have falsely submitted that Thiite Rubble Screeners (Pty) Ltd were the lawful beneficiary of the tender as a citizen-owned company as was required by the Invitation to Tender.

That, according to the charge was contrary to the fact that Thiite Rubble Screeners (Pty) Ltd were merely fronting for Zac Construction (Pty) Ltd who were not qualified to bid on account of the fact that they were not a citizen-owned company.

Furthermore, the references they submitted in support of their bid were presented as genuine when in fact and in truth the same were false in both form and substance in that the same references were forged documents and they had never done the purported work for China State Construction & Engineering Corporation, the charge sheet read.

Thiite and Zakhem allegedly presented a forged letter of intent to provide a performance bond and advance payment guarantee that they submitted in support of their bid and in order to sign the contract as genuine when in fact they knew that the same was false in both form and substance in that the same was not issued with the authority of Banc ABC as it purported and Banc ABC never intended to provide the bond or guarantee thereof.

The charge sheet states that by virtue of the said false representations, the accused persons caused the Central District Council to award the tender and sign a contract with Thiite Rubble Screeners for the Tutume Infrastructure Project and paid the company the sum of P272.3 million.

The four also face three more charges of money laundering, in which it is alleged that Thiite in his personal capacity and as Managing Director of Thiite Rubble Screeners, Zakhem in his personal capacity and as Managing Director of Zac Construction on or about September 22, 2017 in Gaborone, acting together and in concert, engaged in a transaction that involved the sum of P6 million.

The money, which allegedly constituted proceeds of the offence of obtaining by false pretences obtained from the Tutume Infrastructure Project tender, was transferred to an account belonging to Zac Construction.

On a similar charge, the accused persons on or about September 22, 2017 in Gaborone, acting together and in concert, engaged in a transaction that involved the sum of P3.74 million, which allegedly constituted proceeds of the offence of obtaining by false pretences also obtained from Tutume Infrastructure and transferred it into an account under the names of Khwee (Pty) Ltd.

The accused are further alleged to have, on or about September  26, 2017 in Gaborone, engaged in a transaction that involved the sum of P1 million realised from the Tutume Infrastructure Project tender, by transferring the sum to an account under the names of Zac Construction.

The four also face a charge of cheating, as it is alleged that on or about May 2018 in Gaborone, by means of a fraudulent device, they inflated the payment certificate by an amount of P5.276 million in favour of Thiite Rubble Screeners.

Other charges involve making documents without authority, in which Kagiso Nthaga, on or about January 30, 2017 at Banc ABC in Gaborone, whilst employed at Banc ABC, without lawful authority or excuse made and signed a false letter of intent to provide performance bond and advance payment guarantee in favour of Thiite Rubble Screeners.

The accused did so by fraudulently utilising the identity and name of another bank employee, who was authorised and responsible for issuing such a document on behalf of the bank.

The sixth accused person, Tumelo Johane Mbaiwa, is alleged to have on or about May 30, 2018 in Tutume, being an agent of Haas Consult RSA (Pty) Ltd, a consultancy company engaged by the Central District Council, acting in his capacity as a resident engineer to the said project, corruptly accepted for himself valuable consideration in the sum of P30,000 from the third and fourth accused persons.

The money was a reward for inflating an Interim Payment Certificate submitted to the Central District Council by Thiite Rubble Screeners from the actual payable amount of P8.7 million to P14 million, while Zachem and Zac Construction also face a charge of corrupt practices for paying the accused.

Another accused person, Portia Tebogo Gilika faces a charge of corrupt practices having allegedly received P100 000 for her favourable consideration in recommending Thiite Rubble Screeners as the suitable candidate to be awarded the Tutume Infrastructure Project.

Another accused person in the matter is Haas Consult SRA (Pty) Ltd which is alleged to have corruptly accepted for themselves valuable consideration in the sum of P250,000 for having favourably evaluated and recommended Thiite Rubble Screeners as the suitable candidate to be awarded the tender.

The accused persons face between themselves twelve charges and they will appear again for status hearing on November 20. ENDS