Tuesday, February 7, 2023
  • About
  • Advertise
  • Privacy Policy
  • Cookie Policy
  • Contact
  • Subscribe
  • E-edition
  • Login
  • Register
  • Home
  • News
  • Economy
  • Columns
  • Companies & Markets
  • In Business With
  • Lifestyle
    • Motoring
  • Sports
    Limited Game Time Compels Seakanyeng to Quit UAE-Based Outfit 

    Limited Game Time Compels Seakanyeng to Quit UAE-Based Outfit 

    Debswana sponsors BFA’s National First Division League with P3.9m 

    Debswana sponsors BFA’s National First Division League with P3.9m 

    Ditlhokwe Tipped to Excel at Kaizer Chiefs

    Ditlhokwe Tipped to Excel at Kaizer Chiefs

    BCF Aims to Resuscitate Chess this Year

    BCF Aims to Resuscitate Chess this Year

    Tebogo’s Move to US on Hold

    “Don’t Panic,” Tebogo is advised as He Transits to Senior Level

    NSAs decry Absence of School Sports 

    NSAs decry Absence of School Sports 

    Trending Tags

    • Subscribe
    No Result
    View All Result
    • Home
    • News
    • Economy
    • Columns
    • Companies & Markets
    • In Business With
    • Lifestyle
      • Motoring
    • Sports
      Limited Game Time Compels Seakanyeng to Quit UAE-Based Outfit 

      Limited Game Time Compels Seakanyeng to Quit UAE-Based Outfit 

      Debswana sponsors BFA’s National First Division League with P3.9m 

      Debswana sponsors BFA’s National First Division League with P3.9m 

      Ditlhokwe Tipped to Excel at Kaizer Chiefs

      Ditlhokwe Tipped to Excel at Kaizer Chiefs

      BCF Aims to Resuscitate Chess this Year

      BCF Aims to Resuscitate Chess this Year

      Tebogo’s Move to US on Hold

      “Don’t Panic,” Tebogo is advised as He Transits to Senior Level

      NSAs decry Absence of School Sports 

      NSAs decry Absence of School Sports 

      Trending Tags

      • Subscribe
      No Result
      View All Result
      The Business Weekly & Review
      No Result
      View All Result
      Home News

      It is Murphy’s Law for DPP

      CMB case ends in more tears for Tiroyakgosi

      mm by Kabo Ramasia
      October 8, 2021
      in News
      Reading Time: 3 mins read
      0
      It is Murphy’s Law for DPP

      GABORONE 13 April 2021, South African prominant advocate Gerrie Nel of Afriforum alongside his team is seen in Botswana High Court in Gaborone seating on the audience bench attending the former Permanent Secretary to the President (PSP) Carter Morupisi’s corruption trial on 13 April 2021. Nel leaving the court. (Pic:MONIRUL BHUIYAN/PRESS PHOTO)

      Share on FacebookShare on Twitter

      The misery of the Director of Public Prosecutions, Stephen Tiroyamodimo, continues to worsen following another failure in another high profile case.

      This week the Gaborone High Court discharged and acquitted former Capital Management Botswana (CMB) directors Rapula Okaile and Tim Marsland, clearing them of any wrongdoing in the alleged theft of P480 million.

      The DPP had alleged that money belonging to the Botswana Public Officers Pension Fund (BPOPF) was misappropriated when the portfolio was under the management of CMB.

      Putting the DPP director on the spot again, Judge Boipuso Tshweneyagae ruled that Tiroyakgosi failed to prove his allegations of money laundering and obtaining by false pretence against the accused.

      Challenging the DPP’s decision to indict them, the applicants put a review application before the courts and cited the DPP director and the Attorney General as respondents. The review application was made in terms of Section 127 (10) of the Constitution as read with Order 61 of the Rules of Court.

      Justice Tshweneyagae ruled that the DPP derived his powers to institute criminal proceedings against anyone from Section 51A of the Constitution.

      Okaile and Marsland were charged together in a charge sheet dated 18 June 2019 and were alleged to have committed money laundering contrary to Section 47 (1) of the Proceeds and Instruments of Crime Act (Cap 08:03) as read with section 24 of the Penal Code and Section 332(8) of the Criminal Procedure and Evidence Act of the Laws of Botswana.

      For their defence, the applicants argued that the respondents misunderstood the Private Equity Investment (PEI) “entered between their company, CMB (Pty) Ltd and BPOPF”.

      The applicants argued that despite the existing contract that stipulated terms and conditions, as well as the nature of the agreement entered into by CMB and BPOPF, the DPP acted irrationally when charging them for offences of money laundering.

      “They argue that they have never received any proceeds of crime or misrepresented and/or induced BPOPF, the limited partner in the agreement, to inject money in BOP. That, the funds from BPOPF cannot be regarded as ‘dirty’ money,” said the judge.

      Consequently, Justice Tshweneyagae ordered that charges against the applicants be quashed and set aside, warrants of arrests issued against Marsland be set aside and cancelled and that the respondents, the DPP director and the Attorney General, pay costs at attorney scale.

      This was the second time the prosecution suffered another setback in the CMB saga. In late 2020, the Lobatse High Court similarly reviewed and set aside charges proffered against Rapula Okaile.

      Seeking a review relief from the courts, Okaile challenged the DPP’s decision to lay charges against him at the Village Magistrates Court. In this matter, the DPP had alleged that he had attempted to defraud BIFM of P80 million while at the helm of CMB as director.

      However, Judge Reuben Lekorwe ruled in favour of Okaile. “In the final analysis, it does not appear to me that the evidence in possession of the first respondent prima facie establishes that the applicant had done some cognizable act towards the intention to defraud either FNBB or BIFM.

      “To the extent that evidence has failed to meet the minimum threshold ‘of reasonable and probable cause’, the decision to charge the applicant is irrational and accordingly reviewable.”

      The judge emphasised that prosecutors should always examine the strength of their cases and that there must be reasonable and probable cause for an accused to be arraigned before the courts.

      Subsequent to these dismal outcomes, there has been mounting pressure for the DPP to resign.

      Meanwhile, efforts by The Business Weekly & Review to get a comment from President Mokgweetsi Masisi’s office have hit a snag as the Press Secretary to the President, Batlhalefi Leagajang, continues to ignore this publication’s enquiries.

      Following a recent court ruling that the President should consider firing Tiroyakgosi as the DPP, this publication sent an enquiry to Leagajang seeking to establish President Masisi’s position regarding this costly losses.

      Tags: Capital Management BotswanaRapula OkaileTim Marsland

      Navigation

      • Home
      • News
      • Economy
      • Columns
      • Companies & Markets
      • In Business With
      • Lifestyle
        • Motoring
      • Sports
      • Subscribe

      Recent News

      • February 3rd Edition
      • Import Ban on Veges Could be Lifted
      • The Net Tightens Around Van Niekerk
      • Fiercely Schiaparelli: All that Glitters and Roars 
      • Bassett’s Queen is a Class Act 

      Site

      • About
      • Advertise
      • Privacy Policy
      • Cookie Policy
      • Contact
      • Subscribe
      • E-edition

      © 2021 The Business Weekly & Review. All Rights Reserved.

      No Result
      View All Result
      • Home
      • News
      • Economy
      • Columns
      • Companies & Markets
      • In Business With
      • Lifestyle
        • Motoring
      • Sports
      • Subscribe

      © 2021 The Business Weekly & Review. All Rights Reserved.

      Welcome Back!

      Login to your account below

      Forgotten Password? Sign Up

      Create New Account!

      Fill the forms below to register

      All fields are required. Log In

      Retrieve your password

      Please enter your username or email address to reset your password.

      Log In
      This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
      Are you sure want to unlock this post?
      Unlock left : 0
      Are you sure want to cancel subscription?