- Refers the matter for diplomatic resolution between the two neighbouring states
A South African court has reportedly refused to intervene in a case in which P100 billion was allegedly stolen from the Bank of Botswana. This was revealed by that countryโs Minister of Justice and Correctional Services, Ronald Lamola, when giving an update on the extradition case of high-profile people that his ministry is dealing with.
According to a document titled โBank of Botswana-Botswanaโ that was read out, Lamola said the South Africa High Court had requested that South Africa and Botswana โresolve the matter out of courtโ. โA request for Mutual Legal Assistance was received from Botswana relating to an investigation into money laundering and fraud,โ said the SA minister, chronicling events that led to his countryโs High Court refusing to make a determination on the matter. โThe requested assistance was approved in September 2020, and the National Prosecuting Authority (NPA) and South African Police Services (SAPS) conducted investigations.โ
However, Lemola continued, โthe Republic of Botswana, through Afriforum, brought an application for a mandamus for the minister to approve the request for Mutual Legal Assistance, even though the request had already been approved.โ He said on 7 July 2021, a draft order was granted by the court in favour of Botswana. โWe brought an application to rescind the order in May 2022, and the court did not make a judgment and requested that the parties meet to resolve the matter out of court,โ the minister said.
โOn 4 April 2022, all the evidence was hand delivered to DIRCO and on 1 June 2022, the Department of International Relations and Cooperation (Dirco) delivered the evidence to the High Commission of Botswana. For purposes of the Central Authority the matter has been finalised.โ ย Lamola did not state what sort of evidence was delivered to the Botswana High Commission in Pretoria. However, in his application that was before the Gauteng High Court that refused to be drawn into the brewing diplomatic row between the two neighbouring states, the Director General of South Africaโs Department of Justice, Doctor Mashabane, raised โthe judgement delivered in the High Court of Botswana, held at Gaboroneโ.
Mashabane added: โIn the case of Welheminah Mphoeng Maswabi vs the Director of Public Prosecutions case no. MCHGB 00028/21 in which the criminal charges put to Maswabi are related to the investigation subject to the MLA was found to be fabricated and outright false. โThe court held that information sought from South African banks by certain companies was fabricated and that the bank accounts referred to in the investigation do not exist and the companies referred to also did not exist. Maswabi was accordingly acquitted of the charges against her.
โGiven the highly critical judgement and order handed down in the Maswabi case, the First Respondent, Botswanaโs Directorate of Public Prosecution, is requested to advise whether it persists in the MLA request, in light of the Botswana High Court findings. โThe stance adopted by the Botswana DPP in light of the Maswabi judgement must be expended in pursuance of a prosecution where evidence has been found to be false and fabricated.โ In August last year, Justice Zein Kebonang of the Gaborone High Court dismissed the case and acquitted Maswabi, saying evidence used to prosecute her was fabricated.
