Infamous Sebina sex scandal resurfaces
● Molao, Amon vs Moalosi
● Moalosi charged with cyber fraud, criminal defamation
FRANCISTOWN: In a sequel to the 2016 case implicating a BDP councillor on one hand and a BCP activist on the other, gloves are off again in the politico-legal issue.
In 2016, the nation, especially members of the opposition, erupted in anger over an allegation that then councillor of Sebina ward in the Tonota North constituency (now Shashe West), Kemmonye Amon, had impregnated a secondary school girl.
The incident arose from a purported Facebook conversation between the then Assistant Minister of Education and Skills Development (now the Minister of Basic Education), Fedelis Molao and Amon. In the ensuing scandal, police later seized a laptop belonging to Motlhaleemang Moalosi, then a Master of Computer Science student at Botswana International University of Science and Technology (BIUST), alleging that the purported Facebook conversation between Molao and Amon was created from Moalosi’s laptop.
Then, Molao distanced himself from the purported Facebook conversation saying that his Facebook account was hacked.
In a bid to regain his laptop, Moalosi approached the High Court on a certificate of urgency to get it.
Moalosi told the court that its continued detention by the police was prejudicing him academically because it contained his research project.
However, Justice Barnabas Nyamadzabo ruled in favour of the state saying that there was noway Moalosi, who described himself as a computer expert, could failed to have back up for such important material as his research project.
In addition, Justice Nyamadzabo made an order for Moalosi to pay the costs of the application.
While political parties and human rights organisations were gunning for Amon’s head, no charges were laid against him because he allegedly impregnated a schoolgirl who was above the age of consent (16 years).
This caused uproar in the country that led the Young Turks of erstwhile political nemesis, BCP and UDC, to temporarily join forces in trying to force Amon to resign from his civic position, by staging a mass demonstration in Sebina and thereafter handing a petition to the late chief of Sebina, Kgakanyane Sebina.
The Minister of Youth Empowerment, Sports and Culture Development, Tumiso Rakgare handed the petition to the chief during his days as the then president of the BCP Youth League.
However, the efforts of the BCP and UDC to arm-twist Amon to resign from his position were unsuccessful. Despite the odds stacked against him, he did not buckle under the pressure of his detractors but hung onto his position until he lost his seat in the 2019 general election to Mogomotsi Lemogang of BCP after BCP joined UDC in 2018.
While Lemogang, a former councillor for Sebina claimed the scalp of Amon in the 2019 general election, the impact of how the sexual allegation may have contributed to the latter’s loss is a subject of speculation.
Although that may be the case, one will not be off the mark to suggest that the sexual allegation somewhat played a role in Amon’s loss to Lemogang.
The allegation against Amon elicited serious concern even from his own party and prompted former specially elected legislator, Bogolo Kenewendo to table a motion before the National Assembly calling for the increase of the age of sexual consent to 18 from 16.
By then, the Penal Code said that the age of consenting to have sex in Botswana was 16 years which was at variance with the Children’s Act that states that anyone below the age of 18 is a child.
Parliament agreed with Kenewendo by increasing the age of consent to 18 years.
Recently, Parliament also agreed to raise the minimum penalties of sexual offences to 20 years in jail from 10 years amid the increasing numbers of Gender Based Violence (GBV) cases especially sexual offences.
While the genesis of the Molao, Amon and Moalosi’s political-legal issue happened about five years ago, the Infamous Sebina Sex Scandal resurfaces. Part 2 played itself out in the public domain again on Tuesday at the Francistown Magistrates Courts after Moalosi, who is now a lecturer at the University of Botswana (UB), was arraigned to face charges of cyber crime and criminal defamation respectively.
In the cyber crime offence, the state alleges that Moalosi on or about May 3, 2016 at or near Francistown, for purposes of obtaining an unlawful advantage, produced forged data with respect to Molao by unlawfully creating a Facebook account number 1000 2007493406 in the names of Molao and Facebook account number 1001 2071590279 in the names of Amon with intent that it be considered authentic as having been published by Molao and Amon respectively whilst in fact and in truth, he knew this to be fake.
After the first charge was read to Moalosi, his attorney Owen Nsala requested that plea in the offence should be reserved because the particulars of the offence have not been clearly particularised. Nsala said it is a matter of common cause that when one pleads to an offence, the offence has to be clearly particularised.
Nsala therefore requested that there should be clarity about the meaning of the words “obtaining an unlawful advantage” in the charge sheet.
It is not clear what advantage Moalosi may have obtained from allegedly creating fake Facebook accounts of Molao and Amon since the charge sheet has not disclosed that.
In response to what Nsala has said, prosecutor Tsagae Marape said since he was not the substantive prosecutor in the matters, he will not object to what Nsala said.
“Plea could be reserved in the first count so that the substantive prosecutor may address the concerns raised by the defence counsel,” said Marape.
Moalosi, however pleaded not guilty to the charge of criminal defamation.
The state alleges that between May 3 and June 6, 2016 in Francistown, Moalosi unlawfully published a defamatory matter with intent to defame Molao and Amon, created fake Facebook accounts of Molao and Amon making insinuations to the effect that Molao had advised Amon to bribe the family of a girl Amon was purported to have impregnated or to eliminate the purported pregnant girl knowing the publication was fake and likely to lower the reputation of Molao in the eyes of the public.
After Marape said that investigations in the matters were complete, Nsala made an application before court that the prosecution should serve him with all relevant documents before the next mention date.
Nsala also said subsequent to receiving those documents, they are notifying the prosecution that they will be making an application through Section 18 (3) of the Constitution of Botswana.
The section (Enforcement of protective provisions) reads: “If in any proceedings in any subordinate court any question arises as to the provisions of Section 3 to 16 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so request, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.”
“We intend to move a Section 18 (3) application to the High Court for the reason that the matter is old… We shall similarly move an application for criminal defamation to be deemed unconstitutional. This matters may be stayed in this court until they are dealt with at the High Court,” said Nsala.
Magistrate Thabang Chokwe set another mention for October 21 at which date the prosecution shall have served the defence with all the necessary documents needed for trial.