Botswana appoints Gerrie Nel and members of private prosecution unit to assist in Maswabi prosecution
AfriForum’s private prosecution unit, led by Adv. Gerrie Nel, today during a live broadcast announced that the government of Botswana had appointed Adv. Nel, Adv. Phyllis Vorster (prosecutor) and Andrew Leask, chief investigator at the unit, to deal with the pre-trial proceedings in that country’s prosecution of Welheminah Mphoeng Maswabi.
Maswabi was an agent of Botswana’s Directorate of Intelligence Services and is currently being prosecuted in the regional magistrate’s court in Broadhurst for possession of unexplained property and making a false declaration for a passport. Various media reports by media publications in that country have made further allegations against Maswabi that she had financed terrorism by shifting money that could be linked to the former chief spy of Botswana, Isaac Kgosi.
Bridgette Motsepe-Radebe, wife of ex-minister Jeff Radebe and sister-in-law of President Cyril Ramaphosa, is also being accused in the media that she, together with Maswabi, was a co-signatory of accounts to the value of billions of pula. Adv. Nel and Adv. Vorster were appointed last year by the government of Botswana to facilitate its request for mutual legal assistance in this matter regarding Motsepe-Radebe with the South African government.
“The failure by the South African government to accede to Botswana’s request for mutual legal assistance not only resulted in certain charges against Maswabi being withdrawn, but also caused conflict with regard to the matter in Botswana. It is a feather in the cap for members of the private prosecution unit and AfriForum to receive international recognition for the work we are doing. It gives recognition not only to the unique concept of private prosecution but also to the concept of putting capable prosecutors and investigators in one office so they can focus on the law without political pressure. The principle of equality before the law and prosecution without political interference was one of the main reasons for establishing the private prosecution unit and this should apply not only in South Africa but also internationally,” Adv. Nel said.
Nel also indicated that they still had received no feedback from the Department of Justice and Correctional Services in terms of the request for mutual legal assistance. The private prosecution unit in December 2020 announced that the department had failed to oppose the mandamus application aimed at forcing this department to render mutual legal assistance to the Botswana government. The application has been set down on the unopposed roll for 7 July 2021.
