Before Chief Justice (CJ) Terrance Rannowane lies a response from Justice Dr. Zeinub Kebonang to a complaint filed by Bookbinder Business Law on behalf of First National Bank Botswana (FNBB). This complaint pertains to an ongoing legal battle between FNBB and former Tati East Member of Parliament, Guma Moyo, as well as his business, United Refinery Pty (Ltd), which is currently under judicial management.
According to court records, FNBB intends to auction two properties located in Gaborone and one in Francistown belonging to Moyo, following his failure to repay a loan from the bank. Previously, FNBB had submitted affidavits to the Chief Justice, accusing Judge Kebonang of recusing himself from the matter and deliberately stalling the bank’s efforts to execute the sale of Moyo’s properties.
In his written response to the Chief Justice, Justice Kebonang refutes the substance of the complaint, asserting that he did not usurp the case from Justice Itumeleng Segopolo, who was initially assigned to it. He vehemently denies the allegations of intentionally delaying the issuance of a final order, despite being directed to do so by the Court of Appeal (CoA).
Kebonang contends that the complainants have presented a false narrative, and he seeks the dismissal of the complaint. He reveals that the initial grievance was filed with Judge President Tshepo Motswagole in February 2024, who found it unmeritorious.
“Although now appearing voluminous, the complaint is, in essence, no different from the one filed with Hon. Motswagole J in February 2024, except for the allegation that I usurped the case from Hon. Segopolo,” Kebonang stated.
He emphasized that he was not notified of the complaint and was not given an opportunity to respond. Shortly after the complaint was filed, Olebile Muzila, an attorney from Bookbinder Business Law representing FNBB, allegedly initiated a malicious campaign.
“They, without justification, leaked the complaint and distributed it to all media houses. I was contacted by three media houses who specifically informed me that Bookbinder Attorneys had forwarded the complaint to them for publication,” Kebonang explained. “The media houses sought my comment before publishing the complaint.”
Kebonang further disclosed that the complainants disseminated the complaint across various social media platforms and lawyers’ WhatsApp communication channels. He became aware of the extent of distribution when a colleague in Namibia and two friends from the USA and Australia sent him the complaint.
“The leaking of the complaint by Ms. Muzila and/or Bookbinder or FNBB and its coordinated distribution was not accidental but deliberately engineered and calculated to cause maximum harm,” Kebonang asserted.
He categorically denied the allegation of usurping the case from Justice Segopolo, stating, “The specific case I presided over was never allocated to Segopolo J. It came as an urgent application on the 4th of October 2021 and was assigned to my court. That the complainants would have preferred it to be placed before Hon. Segopolo J or to be heard by him is a different matter. Such preference does not equate to usurpation.”
Kebonang highlighted that the delays in concluding the case were due to numerous interlocutory applications filed by the parties involved. He criticized Ms. Muzila for not explaining these delays to her client and instead filing a malicious complaint.
“If Ms. Muzila had any level of decency and was not driven by a malicious agenda, she ought, as an officer of the court, to have explained the delays to her client rather than file a malicious complaint. I previously accounted for the delays in this matter in my response to the Judge President,” Kebonang remarked.
He further noted that on November 30, 2023, the parties agreed to argue all interlocutory applications simultaneously on May 21, 2025. Additionally, the complainants appeared before him on March 6, 2024, for an urgent application filed in January 2024, which was referred to him at the complainants’ insistence.
“For Ms. Muzila and/or Bookbinder Business Law and/or the bank to assert that I have delayed or sat on issuing an order when they know the true situation is beyond words. It is evil and wicked. I hope it is not a reflection of who they are,” Kebonang stated.
Kebonang concluded that the malicious conduct and smear campaign orchestrated by Muzila, Bookbinder Business Law, and FNBB rendered it impossible for him to preside over the case with the complaint looming over his head, leading to his recusal.
“Until the complaint is either dismissed or withdrawn, I will find it difficult to preside over any matter involving the complainants either now or in the foreseeable future,” Kebonang asserted.
