The trio of former president Ian Khama, Bridgette Motsepe and Whelheminah “Butterfly” Maswabi may have cleared a major hurdle in their defamation case against the state when the DPP finally advised them to go to the police recently. Staff Writer TEFO PHEAGE reports
After prolonged inaction in the face of demands for legal action in the controversial P100 billion case, the head of the Directorate of Public Prosecutions (DPP), Nomsa Moatswi, has advised former president Ian Khama, Bridgette Motsepe, and Whelheminah “Butterfly” Maswabi to report the alleged perpetrators to the Botswana Police Service for further action.
The trio had previously issued an ultimatum to the DPP, threatening to initiate a private prosecution if the DPP failed to act.
Irreparable harm
They based their demands on Section 14 of the Criminal Procedure and Evidence Act (CP&E), which grants private individuals the right to prosecute public officers who evade legal consequences despite substantial evidence of alleged wrongdoing.
Under Section 14 of the CP&E Act, private prosecutions are permitted when individuals can demonstrate a “substantial and peculiar interest” in a case.
Khama, Motsepe and Maswabi argue that they have suffered irreparable harm due to what they describe as false accusations by state officials, necessitating seeking justice against those responsible.
National and int’l attention
Asked by this publication whether they had received a response from the DPP, Khama stated: “Yes, but it is a well-known fact that I long reported prosecutor Jako Hubona to the police.
“Now it will include not only him but also his partners in crime, once we decide the best course of action that will deliver to our expectations. All individuals who directed Hubona to act in the case would face consequences.”
The P100 billion case, which gained both national and international attention in 2019, involved allegations of embezzlement, money laundering, and other crimes against the trio.
No money missing
It later became clear that there was no money missing as claimed by state agents. These accusations were detailed in a charge sheet and affidavit by Directorate on Corruption and Economic Crime (DCEC) investigator, Jako Hubona.
However, the courts dismissed the charges, prompting Khama, Motsepe and Maswabi to assert that their reputations had already suffered irreparable damage. Then Governor of the Bank of Botswana, Moses Pelaelo is on record saying they never missed any P100 billion as per law enforcement claims.
In their letter to the DPP, the trio accused public officers of fabricating evidence, committing perjury, suborning perjury, abusing office, and conspiring to defeat justice.
They have maintained that the investigation was politically-motivated and intended to tarnish their reputations. “We have suffered significant harm due to these false accusations, and we will take legal action if justice is not served,” they stated in their letter.
Formal certificate
Khama and his co-accused have demanded that the DPP initiate criminal proceedings against the public officers involved, including those responsible for drafting what they call a discredited charge sheet and affidavit.
They have reiterated that if the DPP fails to act within the stipulated timeframe, they will pursue a private prosecution as permitted under the CP&E Act.
The trio has also requested a formal certificate from the DPP to allow them to proceed with private legal action in case the state declines to prosecute.