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Bakang, Kerekang sue Gov’t P800m

Publishing Date : 03 December, 2018


The main accused persons in the ongoing P250m National Petroleum Fund (NPF) scandal, Executive Director Botswana Energy Regulatory Authority (BERA), Kenneth Kerekang and Managing Director of Basis Points (Pty) Ltd and Khulaco (Pty) Ltd, Bakang Seretse are suing the State in the sum of P800m for malicious prosecution and unlawful incarceration.

According to court papers seen by this publication, Kerekang and Seretse are suing for malicious prosecution at the hands of the Director of Public Prosecutions in the sum of P100m each; incarceration in the sum of P10m each; restriction to freedom of movement in the sum of P10m each; injury to good name and reputation in the sum of P100m and reduced employment opportunities in the sum of P100m each. Bakang’s company, Khulaco is also suing for malicious prosecution; injury to reputation; loss of business; loss of earning capacity and tax exposure in the total of P198m.

The documents states that Khulaco was contracted by the State to render transactional services on its behalf regarding procurement of assets for the Directorate on Intelligence and Security (DIS). “Client was contracted for 20 percent of the capital procurement amount P50m representing the relative percentage of P25om. The amount was payable upfront. Client discharged its duties and earned the amount,” states the statutory notice.

“The Director, DPP, has no reasonable grounds on the basis of which to charge client with the offence of money laundering as he did. Client has discharged its duties in terms of the contract and is entitled to the balance of P8m.” The document further states that the State has since resiled from the contract and is in breach of contract, and that the DPP has since charged Khulaco with money laundering of the amounts under its management.

“The State has since suspended the execution of the contract without notification to client citing internal procurement irregularities. Client had already received the amount of P42m.” Bakang, Kerekang, former Minister of Minerals, Sadique and his twin brother Judge Zein Kebonang, Kago Setimela, and Mogomotsi Seretse are facing 65 counts involving money laundering, abuse of office, theft, giving false information and uttering false documentation.



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