- Several related cases before the courts could have died with the primary case
- Court of Appeal says there was no illegality or criminality in NPF saga
About six matters before the courts are remnants of the National Petroleum Fund case which was recently thrown out by the court, leaving the state battered amid calls it should withdraw related pending cases before the courts.
Nevertheless, the Directorate of Public Prosecutions (DPP) says they are still analysing the Court of Appeal ruling and will make a decision on the way forward soon.
The Court of Appeal threw out the state’s final bid to recover some of the ‘missing’ funds in the P230 million belonging to the national treasury. The apex court ruled that there was no evidence to suggest illegality.
Following the ruling, legal experts say the developments were not only a big blow to the state but may have paralyzed many of its cases emanating from this one, especially those relating to alleged criminality and unlawfulness alleged by the state.
Asked what the recent ruling means to them and their other pending cases, the DPP director Stephen Tiroyakgosi said they were still looking into the extent to which the recent ruling has affected such cases and will take it from there.
“We are studying and analysing the Court of Appeal ruling and it is only thereafter that we will decide on the way forward,” Tiroyakgosi said. “At this point, I cannot say we will withdraw the pending cases or not.”
Commenting on the developments, former Minister Sadique Kebonang said the DPP knows that the cases have been rendered moot, adding: “What they choose to do with that fact is entirely up to them.”
About six cases before the courts emanated from the NPF which the state says was embezzled. The cases involved Kebonang twins, Bakang Seretse and the Israeli firm Dignia Systems. The company is suing the state for millions of pula.
Others implicated in the case have also vowed to sue the state for defamation once the cases have been settled by the courts.