State clutching at straws in NPF looting
Mpho Mokwape | Monday January 24, 2022 06:00
In yet another case where State failed to recover more alleged missing assets from those who were fingered in the looting of P250 million belonging to the national treasury, prosecution has approached the Court of Appeal (CoA) for a saving grace.
Last year, the State lost an application before Gaborone High Court judge, Godfrey Radijeng where they had wanted to recover more assets linked to the missing funds from the NPF.
Justice Radijeng had at the time ruled that the restrained funds and properties from the accused persons were not proven by the State to be proceeds of crime as alleged.
Now the State through the Directorate of Public Prosecutions (DPP) wants the CoA panel to declare that Radijeng was totally wrong to deny that the restrained properties be forfeited to government and be dealt with by the Receiver in terms of the law.
In their filed papers before court, State’s grounds of appeal included amongst others that the judge was wrong to say that evidence brought before court did not disclose any offence linking the accused persons.
“The below court erred in fact and law by finding out that the mere fact there were internal violation processes of the disbursement of the funds from the NPF does not mean that the owners of the affected properties participated in the said violations,” reads State papers.
According to prosecutors, it was clear as daylight that Bakang Seretse as one of the accused who benefitted massively from the looted funds.
They also argued that it was unjustifiable for the court to have said that he did not have a role to play in the decision-making of the disbursement of the initial monies of P250 million from the NPF.
That it was wrong for the judge to hold that there was no proof that the further distribution of the funds amounted to serious crime and more so that the State failed to get an affidavit from the Minister of Minerals at the time to present it to court that indeed there was no authorisation from him as they stated.
“The judge failed in holding that Seretse was entitled to assume that Kenneth Kerekang and one Dr Obolokile Obakeng, had as senior government officers requisite authority to authorise the disbursement of the funds. He also failed when he found out that the interested parties to the restrained properties were not aware of the internal processes pertaining to the authorisation for disbursement of funds,” argued the State in papers.
Moreover, State reckons that the judge was wrong to declare that the interested parties were not involved in serious crime and related activities as alleged and that the restrained properties were in no way proceeds of crime.
The State in its latest attempt to save face after many defeats in similar cases involving the looted funds now wants the appeal upheld and be given an order that they have proven that the restrained properties and monies are proceeds of crime and therefore be forfeited to the government.
Meanwhile, the involved assets are funds listed in the sum of P69, 734, 260. 00 , P24, 953. 63 , P118, 945, 045. 70 , P10, 881, 045. 70 , P199, 971. 00 , P162, 000. 00 , P57, 185. 15 , P76, 077. 74 , P750, 000. 00 , P430, 000. 00 , P384, 600. 00 , Lease Area 338-KO, Section 17 iTowers, Townhouse Unit D4, Bemconville Lot 75448, and Mercedez Benz GLC 250 B 693 BFI.
All the properties and funds are listed as first respondent to the last 16 respondents in the matter. The respondents are opposing the application saying it has no merit and that all findings by the judge on all points raised in the appeal were correct in fact and law. They want the appeal dismissed with costs.
The CoA is yet to allocate the appeal a court date.