How spy agency froze Guma�s account
Sharon Mathala | Friday August 7, 2015 16:57
The FIA played a key and leading role in the investigation and subsequent freezing of an account belonging to IRB Transport, a company supposedly co-owned by Samson Moyo Guma and the Minister of Youth Sports and Culture, Thapelo Olopeng, court documents filed with the Village Magistrates Court reveal. Affidavits in case number MCMVL000003/15, deposed by Standard Chartered Bank of Botswana employees including its chief executive officer (CEO), Moatlhodi Kefentse Lekaukau, suggest that FIA is at the centre of the investigations and had at one point instructed the bank to freeze IRB’s accounts.
Guma and Olopeng as well as Standard Chartered are currently in court after the Directorate of Public Prosecutions (DPP) filed a miscellaneous application to freeze the accounts of Olopeng and IRB Transport, a company belonging to Guma. In his affidavit, submitted to Village chief magistrate, Lenah Oahile-Mokibe on July 13 2015, Lekaukau explains that on Thursday May 28, 2015, the bank received a letter from the FIA advising that the agency has reasonable grounds to suspect that the account belonging to Guma’s company was involved in a financial offence.
“The account belonging to the 1st respondent (IRB Transport) and held with the 3rd Respondent (Standard Chartered Bank) Game City mall branch was involved in the commission of a financial offence as defined under the Financial Intelligence Act [Cap 08:07] (“FIA Act”), and thereby directing the bank to halt and/or not to proceed with any debit transaction relating to the account,” reads the CEO’s affidavit.
Lekaukau further relates that the bank then proceeded to freeze and or block any transaction from being effected in the account with effect from Thursday May 28, 2015 without the knowledge of Guma. Lekaukau argues that the bank’s actions not to tell Guma they froze his company’s account was, “pursuant to the provisions of sections 24 and 25 of the FIA Act, which Act renders it a criminal offence to disclose to Moyo the existence of an order and or an instruction from the FIA freezing the account if so directed or mandated by law.”
According to Lekaukau, on May 29, Guma tried frantically to reach him but could not because he was attending the inauguration of Kgosi Cosmos Moapare in Hukuntsi.
“Upon my return to the office on Monday June 1, 2015, I was briefed by various officials of the Bank who had been involved in this matter, and or had dealings with Mr Moyo [Guma] since Friday 29 May 2015. I also had a meeting with FIA officers, where the bank was once again given permission to reveal to IRB Transport that the account had been blocked and or frozen by the ‘authorities’,” said Lekaukau.
According to Lekaukau FIA reiterated that the bank could not reveal to IRB transport and Mr Moyo [Guma] the identity of the relevant authorities responsible for the freezing/and or blocking of the account,” reads the affidavit.
The Standard Chartered Bank CEO also elucidates that soon after the meeting with the FIA on June 1, 2015, he took the trouble to inform Guma, telephonically, that it was indeed true that IRB Transport’s account had been frozen pursuant to instruction from authorities and further explained to Moyo [Guma] that the bank, by law, was not permitted to reveal the identity of the authorities.
“I must, with respect, place it on record that at no point, either on my own or the head of retail clients ever meet with Mr Moyo [Guma] in connection with this matter since the account was frozen with effect from Thursday 28 May 2015 to date; at no point did we state to Mr Moyo [Guma] that the reason for the freezing of the bank account of IRB Transport was on the basis of an instruction from the Office of the President.”
“To the extent that Mr Moyo [Guma] has repeatedly made allegation that he was told either by me, the heads of retail clients or any other official of the bank that the account had been blocked because of an instruction form the Office of President, this is, with respect, untrue and a fabrication of the facts and events as they transpired, as explained above,” said Lekaukau.
The Financial Intelligence Agency is an institution constituted by the Financial Intelligence Act of 2009. It is an autonomous body under the Ministry of Finance and Development Planning that shall be the central agency for requesting, receiving, analysing and disseminating information on financial disclosures relating to suspicious transactions. The Agency is only one of the many stakeholders whose responsibility is to combat financial crimes, in particular money laundering and the financing of terrorism.
However in court this past week, Guma’s lawyers attempted and failed to convince the court that the two needed to answer to the answering affidavits made by Lekaukau and the Directorate on Corruption and Economic Crime (DCEC) investigation Officer responsible.
Guma’s lawyers, Moses Kadye and Dick Bayford told the court that there were new matters that have since arisen and needed to be dealt with. The presiding Magistrate Oahile-Mokibe declined their plea citing that the matter was still under investigation and further affidavits were unnecessary. Guma’s lawyers however refused to accept defeat informing the court that they needed time to figure out whether they would challenge the chief magistrate ruling with the highest court or not.
No charges have been laid yet against the two business partners, Guma and Olopeng, but they are likely to face charges of corruption and bribery. According to the papers filed, IRB Transport is cited as first respondent, with Olopeng and Standard Chartered Bank Botswana as the second and third respectively. The case will continue at the Village Magistrate Court on September 9, 2015.
Guma turns to Masisi
Two days after failing to access his company account, frustrated Member of Parliament for Tati East Samson Moyo Guma turned to vice president Mokgweetsi Masisi for help, documents filed with the Village Magistrates Court reveal. Mmegi is in possession of the copies of text messages allegedly sent from Masisi to Guma and then from Guma to Standard Chartered Bank of Botswana’s head of retail clients.
From Masisi to Moyo;
“Hi Gums, have enquired and response is that it is not those you thought it was. It must either be internal or some big mistake happened. Whatever it is, you need to get to the bottom of this. It just cannot keep recurring as you say. Let’s talk in the morning. Leaving early for Maun. Cheers.”
Guma to Standard Bank head
of Retail Clients;
“Madam, can I [have] details of the closure of my account. The Office of the President have no knowledge or are denying giving any instruction (sic).
I got that brief from the Vice President, who was acting President then. I told him, that I don’t doubt what you told me.
But he is adamant that it must be your internal issues. Can I please have clarity.”
Chronology of events
Thursday May 28, 2015 - Standard Chartered Bank of Botswana receives instruction from FIA’s director Abraham Sethibe to freeze Guma’s company (IRB Transport) account.
Friday May 29, 2015
* At approximately 1330hours Guma attempts to perform three transactions.
* When the first transaction fails, the bank teller sends an email, a screen shot of the account to the customer relations officer advising that there was a problem with the debits of IRB Transport’s account.
* Customer relations officer tells Bank manager, but Guma cannot be assisted, as officers at the Head Office were not available.
* Guma told that the Bank was experiencing technical issues but that the IT department was working hard to resolve the matter.
Friday May 29, 2015
* Guma tries to contact Standard Chartered CEO, telephonically to no avail.
* About 1630 hours, that Friday Guma is told authorities had instructed bank to block or freeze his company’s account and that no further information about the reasons were known by the Bank.
Saturday May 30 2015
* Bank CEO returns Guma’s call.
Monday June 1, 2015
* Bank CEO meets FIA officers, and is briefed but instructed not to tell Guma who had directed that his company’s account should be frozen.
Tuesday June 9
* 2015 Bank receives a court order from Village Magistrate, freezing the accounts of IRB Transport’s account.