Bakang Seretse appeals Justice Motumise’s forfeiture order
Justice Motumise says the P60 million worth of assets are proceeds of crime We are unbothered by the Motumise judgment, and the language therein- attorney Ngakaagae
Businessman Bakang Seretse is appealing a decision by High Court Judge Omphemetse Motumise directing that his assets among them motor vehicles and properties be reverted to government as they are proceeds of crime.
Justice Motumise stated in the judgement that the 27 assets cited as Respondents in the case that “on the balance, the respondents are therefore proceeds of serious crime related activities liable to be forfeited to the government.
“This means the Applicant’s ( Directorate of Public Prosecution) submissions remain unchallenged that the NPF funds were obtained in a manner that resulted in the commission of the confiscation offences relied on by the DPP Corruption contrary to Section 24A and 25 ( 1) of Corruption and Economic Crime Act, has been established”.
Seretse’s lawyer Kgosietsi l e Ngakaagae on Wednesday this week indicated that their instructions are to appeal the judgment, and an appeal would be noted, in the same way government has appealed just about every case it has lost.
“After tens of raids, and a vileful campaign of lies and harassment, we are unbothered. We have seen worse. We trust that the Court of Appeal will dispense justice, and shall therefore leave the merits of the case in its hands.
“We are unbothered by the Motumise judgment and the language therein. Our position is that it is wrong, in about all conclusions. But until it is tested, we will bear it, with fortitude,” Ngakaagae stated.
The judge had indicated that the application for forfeiture of the 27 respondent properties to the government is brought in terms of section 25 as read with section 26 and 27 of the Proceeds and Instruments of Crime Act, as amended ( PICA).
He said the application follows an earlier application for restraint, brought ex parte by the DPP in terms of which the court issued an order on the 5th of November 2018, placing the respondent properties under restraint and preserving them pending the outcome of these forfeiture proceedings.
“The DPP contends that the properties or ‘ respondents’ herein were bought with the sum of P60 million or a portion thereof, illegally or improperly obtained from the National Petroleum (“the NPF”) by the interested persons through various crime related activities.
“It is submitted by the DPP that, since the long arm of the law has placed its cold hand of restraint on the properties, an order should issue, declaring them proceeds of crime and directing their forfeiture to the government.
“The serious crimes which the DPP avers to committed in the acquisition of realisation of the properties are; Corruption contrary to Section 24A ( 1) and 25 ( 2) of the Corruption and Economic Crime and Act ( CECA); cheating the Public contrary to section 33 of CECA; and money laundering contrary to section 47 of PICA,” said Justice Motumise.
The judge stated that it needs to be noted that Kenneth Kerekang played a pivotal role in the transfer of funds from the NPF to Basis Points ( Pty) Limited., a company owned by Seretse.
According to the judge, at all material times to the commission of the alleged serious crime related activities, Kerekang was a public officer in terms of Section 24A as read with section 2 of CECA, employed as a Director in the Department of Energy in the Ministry of Mineral Resources and Water Affairs. “Also noteworthy is that Mr Bakang Seretse (“Mr Seretse”) and his company, Basis Points similarly played a pivotal role in the acquisition of the properties for the various persons directly or indirectly interested in them.
“The application is opposed by the various persons interested in the properties.
At the forefront is Basis Points and Mr Seretse, who aver that the properties were realised from innocent income and subsequent transferred to the interested persons,” Justice Motumise said. According to the judge, the DPP’s submissions remain unchallenged that the NPF funds were obtained in a manner that resulted in the commission of the confiscation offences relied on by the DPP. He said corruption has been established.
Kerekang fraudulently and without authority transferred the NPF funds to Basis Points, acting in his official capacity as such, for which he and his wife received valuable consideration in the form of the 7th Respondent ( Plot No 16403, Gaborone West), said the judge, adding that Seretse also acted contrary to section 25 of CECA when he, or his company gifted Kerekang and his wife a house, when Kerekang was an official with whom his company, Afena Capital, dealt in the management of the NPF funds.