Seretse loses P82m assets appeal
Mpho Mokwape | Tuesday February 27, 2024 06:00
Seretse, entangled in a persistent battle with the Directorate of Public Prosecutions (DPP) over the alleged missing funds, lost his assets around September 2021. Justice Omphemetse Motumise of the Gaborone High Court had ruled at the time that he should forfeit the properties, including luxury cars and residential plots, as they were obtained through proceeds of crime.
In his appeal against the judgment, Seretse argued that the State's case was based on hearsay without concrete evidence and the assets were not individualised for proper assessment. The apex ruling before the Court of Appeal, Justice Edwin Cameron stated that the DPP had assembled a flood of evidence, including bank statements.
'This comprises the first-hand affidavit accounts of the meeting by ministry officials who were present, correspondence from Kenneth Kerekang in which he sent out fraudulent instructions, the affidavits of bank officials who saw to the opening of the account, expert evidence related to Basis Point/Kgori Capital account, and the Directorate of Intelligence’s evidence refuting in detail the bogus ‘consultancy contract’ that is pivotal to Seretse’s defence,' Cameron said. Explaining the bank statements' significance, Cameron noted they provided conclusive evidence that the money came from NPF through a fraudulent account ordered to be opened by Kerekang and into Seretse’s hands.
On how Seretse accumulated his luxurious assets, Justice Cameron pointed out that when Seretse realised he had to provide some explanation, he put forward the purported Basis Point/DIS ‘consultancy contract’. “It was this he claimed that so fabulously enriched him. For conclusive reasons, the High Court found that this contract never existed.
It was a fraudulent fabrication and the explanation Seretse gave adds to the cumulating proof that the assets he and those associated with him acquired were proceeds of crime and subject to forfeit,” Cameron said. The judge further dismissed Seretse's complaint that the assets were insufficiently individualised, noting they were identified in preceding restraint proceedings. The 26 assets include fixed properties, luxury vehicles, and other valuable items such as Maserati Ghilibi, two Mercedes Benz sedans, a Lexus LX, a Toyota Rav4, a Ford Ranger, a Volvo XC 90, a Land-cruiser 4.5, a Toyota Hilux, a Ford Fiesta, a Subaru station wagon, a VW Polo, a Rolls Royce Phantom, and Weylands Furniture and fittings. Others are Lease Area 181-KO, Plot No. 4890 Extension 11, Plot No. 2565 Thema 1, Lobatse, Plot No. 16403, Gaborone West, Rolex GMT Master 1 Watch, 14 pieces of Gym Equipment, Farm & Gardening Equipment, 2× Farmtrack 6030 2WD and 2x Diclar Trailer, 28.0 KVA Ultra Silent Generator (380v), 7-piece lawn mower equipment, VW Polo B938 AZB and many others.