State to show how Kgosi is a terrorist
• Says “Butterfly” put money into his account for use in terrorism
The Directorate of Public Prosecutions (DPP) says it will soon bring evidence to court that links former head of DISS, Isaac Kgosi, to the ongoing case in which DISS agent Welheminah Maswabi is alleged to have transferred large sums of money to Kgosi for him to commit acts of terrorism.
Maswabi, whose operational name was “Butterfly,” has been charged with unexplained property, financing terrorism and false declaration for passports. According to court records, “Butterfly’s” charge of financing terrorism is contrary to Section 5 (1) (f) of the Counter-Terrorism Act (Cap 08:08) of the Laws of Botswana.
The particulars of offence are that “he accused person, Welheminah Mphoeng Maswabi also known as Lorato Hilton on a date to the prosecutor unknown but between 1st December 2018 and 30th September 2019 in Gaborone in the Gaborone Administrative District of the Republic of Botswana, in her personal capacity as one of the signatories of Blue Flies (PTY) LTD’s Royal Bank of Scotland (CFC/OFFSHORE-UK) bank account number 60093232791 held in the Republic of South Africa, with intent to facilitate the commission of an act of terrorism transferred an amount of 2 950000.00 American dollars to Isaac Seabelo Kgosi who on 15th January 2019 threatened to commit acts of terror against the Republic of Botswana, thus providing financial support.”
The state assertions that Maswabi financed Kgosi to commit terrorism proved to be the bone of contention this week at Broadhurst Magistrates Court. This was after defence lawyer Uyapo Ndadi challenged the state to prove their charges against her client during the case status hearing. “We are told that Kgosi is a terrorist. To my knowledge, he has not been convicted of any terrorism act in this country or elsewhere,” said Ndadi, urging that the charge was unsustainable.
“Butterfly’s” defence lawyer argued that as provided for by Section 4 of the Counter-Terrorism Act of 2014, the President has to declare someone a terrorist followed by their name/s being written in the Government Gazette. Ndadi said the charge was unsustainable “unless the state points to an order declaring Isaac Kgosi a terrorist and a Government Gazette with his name.”
Whereupon state prosecutor Priscilla Israel countered: “This is a case of financing terrorism. One can be declared a terrorist without being charged. Isaac Kgosi has not been declared a terrorist but we have evidence from outside the country which needs to be authenticated before coming to court.”
“Butterfly” is centre of alleged looting of P100 billion from the Bank of Botswana (BoB) which she allegedly distributed into several offshore accounts around the world. Kgosi has not been charged, but the state has hinted at the possibility of charging him allegedly because he has a link to the alleged looting of BoB.
According to the state, BOB opened three accounts at the instruction of ex-president Ian Khama. The state alleges that the accounts have been closed but were operational for eight years and have 17 flagged transactions.
According to documents before court, on 10 August 2019, a Mr Claus Collins “under the instruction of Isaac Kgosi transferred the sum of $100 000 000 to acc.no 5528018836-649”.
This amount was placed as a blocked fund MT799 and traded in UKXM on meta trader 4 trading platform for 40 months (3 years and 4 months) with monthly dividends of $10 000.000.00. The accumulated dividends were allegedly transferred over the 40 months to various accounts all over Europe, the Americas and Asia.
Meanwhile, in a related matter, Kgosi was declared a fugitive and a warrant of arrest issued against him after he skipped the country. In his long absence, the state has always asked his lawyers to show cause why their client should not be arrested.
Recently this publication stumbled upon what appears to be a secret quid pro quo between the DPP and Kgosi’s lawyers that will see him arrested for six hours upon arrival in Botswana and later on set free.