‘Butterfly’ walks free!

Judge advises Masisi to fire DPP boss
Judge orders police to investigate Hubona for perjury

‘Leadership failure causes health crisis’

High Court Judge Dr Zein Kebonang has discharged and acquitted spy agent Welheminah Maswabi codenamed Butterfly from charges of possession of unexplained property and false declaration of a passport. Another charge of financing terrorism was later withdrawn by the state.
Butterfly was implicated alongside former president Ian Khama, former Directorate of Intelligence and Security Services (DIS) Isaac Kgosi and South African businesswoman Bridgette Motsepe-Radebe for allegedly stealing P100 billion from Bank of Botswana.
‘Butterfly’ was sensationally arrested on October 17, 2019 and brought before the Broadhurst Magistrate’s court under unprecedented heavy escort. She spent a month in jail because the Directorate of Public Prosecutions (DPP) alleged that she posed a significant threat to the state.
In her review application, Maswabi’s lawyers argued that there is no evidence before the DPP that could have justified a decision to prosecute her. Through her attorney Unoda Mack, Maswabi submitted that the entire case against her was a fabrication of evidence by the State and the DPP and others were parties to this fabrication.
Passing judgment on the review application, Dr Kebonang declared that the allegations and accusations against the applicant were fabricated and outright false. He also declared that the accusations contained in the opposing affidavit of Directorate on Corruption and Economic Crime (DCEC) investigator Jako Hubona to the effect that Maswabi is a signatory to various bank accounts held in various South African commercial banks under companies called Blue Files and Fire Files with a total balance in excess of US10 billion were fabricated and are outright false as such accounts do not exist and the said companies are also non-existent.
Dr Kebonang also ordered that the Director of Public Prosecutions Stephen Tiroyakgosi “is referred to the President of Botswana as the appointing authority to consider his removal from office of the DPP…”. Dr Kebonang also ordered that Tiroyakgosi be referred to the Law Society of Botswana (LSB) for investigation and appropriate sanction. “The first respondent is also referred to the Attorney General as his line supervisor for investigation and possible prosecution,” Kebonang ordered. Investigator Hubona is referred to the Commissioner of Police for prosecution for perjury and to the DCEC Director General as his line supervisor for disciplinary action. Attorney Priscilla Israel is also referred to the LSB for investigation and appropriate sanction.
He directed the Registrar of the High Court to submit a copy of this judgment to President Mokgweetsi Masisi, Director General of the DCEC, the chairperson of the LSB, the Permanent Secretary to the President, the Commissioner of Police and the Attorneyt General for appropriate remedial action. In conclusion he ruled that the respondents pay costs for this application.