- OP says DPP will advise President on “Butterfly” court orders
- DPP is reportedly preparing to appeal
- DCEC warned Masisi against “Butterfly” case
The Office of the President (OP) says President Mokgweetsi Masisi is waiting for the advice of the Directorate of Public Prosecutions (DPP) regarding implementation of orders made in the judgment of the “Butterfly” case Delivering the judgment late last month, Justice Zein Kebonang of the Gaborone High Court concluded that the evidence
presented before the court against suspended DIS agent Welheminah Maswabi,
code-named “Butterfly,” was fabricated and falsified.
He ordered that the judgment be availed to President Masisi to take action against DPP head Stephen Tiroyakgosi while the head of the Directorate on Corruption and Economic Crime Tymon Katlholo was ordered to take disciplinary measures against investigator Jako Hubona and prosecutor Priscilla Israel.
Asked if Masisi would act on the court orders, government spokesman Andrew Sesinyi said the President could only act after receiving a report from the DPP.
“The Directorate of Public Prosecutions has full jurisdiction to address your inquiries including, if they so wish – any further actions the oversight institution may be contemplating.”
“The appointing authority acts on assessment and advice from the various jurisdictions therein referred to by the judgment. The DPP remains answerable within his jurisdiction, and so do other oversight institutions.
But President Masisi might have to wait for some time before he receives such a report because reports suggest that the DPP is working on launching an appeal against Justice Kebonang’s orders. While Tiroyakgosi was not available for comment on Tuesday, sources close to the case say the idea of appealing the case has already been discussed.
MASISI WAS WARNED AGAINST BUTTERFLY CASE?
Katlholo informed the Parliamentary Accounts Committee (PAC) in mid-2020 that the corruption busting agency did not have enough evidence to go ahead with the case. So too did his predecessor Brigadier Joseph Mathambo and his right hand man Joao Salbany who are said to have advised President Masisi and former Permanent Secretary to the President (PSP) Elias Magosi that the intelligence received from the DIS on “Butterfly was not good enough to stand as evidence before the courts.”
The two also warned that it would be suicidal for the DPP to proceed with the case before sufficient evidence was gathered.
Even so, it is believed that one of the reasons for firing Mathambo from DCEC was his refusal to register the “Butterfly” case in the DCEC case system. Mathambo refused to engage over the subject, saying that he has closed and made peace with his chapter with the DCEC.
However, Katlholo says he is not in any position to say whether he has ever advised against the case in President Masisi’s presence.