P17 million CMS case on today
Staff Writers | Friday June 13, 2008 00:00
The accused remain in custody after their bail application was rejected late last month. Court is set to review their current situation. In the previous session the Directorate of Public Prosecution (DPP) had argued that the men be remanded in custody while the state continues with its investigations. The accused sought to be released so they could get legal representation. Moroka will review the situation this morning.
The men, who collectively face three counts of obtaining by false pretence contrary to section 308 as read with section 307 of the Penal Code, are: Kgomotso Seloka, 33, a graphics designer; Jabulani Johnson, 33, unemployed; Norman Maja, 48, a driver at CMS; Aaron Babolele, 29, a senior CMS administration officer; Lebogang Kaisara, 31, a CMS storekeeper; David Tumagole, 37, self-employed; Patrick Cole, 36, a director of a company based in South Africa called USASA; Clement Molefe, 35, a site manager at USASA; Otsile Mosarwe, 29, unemployed; and Jenamo Mfana, 35, a director of a refrigeration company.
Seloka, Johnson, Maja, Babolele, Kaisara and others not in court, are charged with the first count. It is alleged that on or about January 30, 2008, in Gaborone, acting together and in concert with intent to defraud, obtained from the Botswana government P 3,797,305.42 by falsely pretending that Mogoaduba Venture Holdings Pty Ltd had sold and delivered pharmaceutical drugs worth the said amount to Central Medical Stores of the Ministry of Health.
That means, they induced the Bank of Botswana (BoB) to transfer the said amount into Mogoaduba's account Number 420232862, at the Menlyn branch of Standard Bank in Pretoria, South Africa.
According to the charge, the accused did this when, in fact and in truth, they knew that Mogoaduba Venture Holdings had not sold nor delivered the said pharmaceutical drugs to the government and was therefore not entitled to the specified payment.
According to the particulars of the second count, Seloka, Tumagole, Johnson, Maja, Babolele, Kaisara and others who are still to be brought before court, on or about February 7, 2008, in Gaborone, acting together and in concert with intent to defraud, obtained from government P 6, 616, 687.87 by falsely pretending that Senamo General Trading Company had sold and delivered pharmaceutical drugs worth the said amount to CMS, thereby inducing the central bank to transfer the said amount into Senamo's account at ABSA Bank in South Africa.
The accused did this when, in fact and in truth, they knew that the said company had not sold or delivered, the said pharmaceutical drugs to the Botswana government, and was therefore not entitled to the said payment. On the third count, Seloka, Cole, Molefe, Mosarwe, Mfana and others, who were not arraigned before court, on or about February 7 this year in Gaborone, acting together and in concert with intent to defraud, obtained from the government of Botswana an amount of P 6, 616, 687.85 by falsely pretending that USASA Construction and General Trading Company had sold and delivered pharmaceutical drugs worth the said amount to CMS, thereby inducing the Central Bank to transfer the said amount into USASA's account in Nedbank's Melrose Arch (branch) in South Africa, when in fact and in truth, they knew that the said company had not sold or delivered to the Botswana government the said pharmaceutical drugs and was therefore not entitled to the said payment.