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Big Fish to be charged in P250m NPF scandal

Publishing Date : 17 September, 2018

Author : TEBOGO KGALEMANG

The State is expected to bring additional accused persons in the P250m National Petroleum Fund (NPF) scandal on November 29, 2018. Currently before the court are Bakang Seretse, Botho Leburu and Kenneth Kerekang.

They were said to have between September 5, 2017 and November 27, 2017 in Gaborone acting jointly and with common purpose received, possessed, disguised and disposed P250million knowing or suspecting or having reasonable grounds to know or suspect that the money was derived or realised in whole or in part, directly or indirectly from the commission of a confiscation offence.

When appearing before Broadhurst Magistrate Gaseitsewe Tonoki on Wednesday, Prosecutor Tyron Mokgathong told the court that they could not allow the three accused persons to take a plea as they intended to add more accused persons.  “It was ordered during the last mention that today the three accused persons before the court take a plea. But, we are sorry to tell the court that the plea will be taken on the next mention as there are still more people to be charged,” said Mokgathong.

“The State intends to add more accused persons and they have not yet been summoned. The case will also on the said date be remitted to the High Court for trial.” It was then that the magistrate made it an order that in the next mention the said accused persons be brought to court; the charge sheet be amended; a plea be taken and the matter be committed to the high court. The magistrate also ordered the State to serve the said accused persons on time to enable speedy progress on the matter.

One of the defence attorneys representing Seretse, Khulaco Pty (LTD) and Kerekang Kgosietsile Ngakaage decried that his clients were being prejudiced by the State. He said it was now 10 months after his clients were charged without being told why they were brought to court.
“My clients deserve to be tried on a reasonable time. If the matter is going to delay like this, my clients should be given back their passports permanently,” he said. Another defence attorney Joao Salbarny   representing Leburu, asked that witness statements and investigative docket be availed to his client.

Ngakaagae had during the first mentions of the case argued that the key players in the ‘money laundering movie’ were walking free men, saying the law enforcement officials were afraid of them.

“The issue was a ministerial issue which involved people at the top. My clients were just working on instructions.” Ngakaagae argued that if indeed this was a money laundering scheme, it should then involve the source.  If it is a money laundering scheme, why have Isaac Kgosi and Dr Obolokile Obakeng not been charged?” he questioned.

“Kgosi has paid P118 million to a company in Israel, and DPP is just running away from this reality.” According to Ngakaagae, the money was properly released in all the transactions that involved his clients as transactions were made with the best knowledge of the ministry. “If not, then Kerekang and Kgosi have stolen the money as they were the ones authorising the transactions. And they should be put to jail,’’ Ngakaagae submitted. 

He said to his surprise, the DCEC had instead of taking Kgosi to task, spoke gloriously of Kgosi and praised him saying allegations leveled against Kgosi by the respondent were uninformed and amounted to gossip. “This is really lack of integrity by the DCEC,” decried Ngakaagae.

On his part, the attorney for DPP, Ernest Mosate urged the court to throw out Ngakaagae’s submissions saying Ngakaagae was misleading the court as to what was supposed to be argued on the preliminary stage.

Mosate cited that Ngakaagae’s arguments were immaterial to the case at hand. “The question of whether anyone has been charged with what is immaterial at this stage.  “We should confine ourselves with issues that need to be addressed at this point in time,” he charged.
It is understood that Seretse has divulged in his affidavit before court that the P250 million transfers to an Israeli company named Dignia Systems’s bank account were at the written instruction of the DIS chief.

Dr. Obolokile Obakeng, acting Permanent Secretary in the Ministry of Minerals, Green Technology and Energy Security, is said to have authorised the variation at the request of the DIS.

High Court Judge Godfrey Radijeng had also stated in his judgment in December that, “the applicant averred that the P250 million disbursement to a Khulaco (Pty) Ltd account at Capital Bank was not approved by the NPF Management Committee, did not follow established procedure for disbursements, there was no tender for the project, and one Kenneth Kerekang alone purported to approve the request by the Directorate of Intelligence and Security (DIS) on same date (7th August 2017) the request was made by DIS.”




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