Africa-Press – Botswana. Former president Ian Khama, along with co-accused Bridget Motsepe and Whelheminah “Butterfly” Maswabi, have threatened to initiate a private prosecution if the Directorate of Public Prosecutions (DPP) does not act within 30 days.
The trio, embroiled in the infamous P100 billion case, has written to the DPP Director, warning that they will exercise their rights under Section 14 of the Criminal Procedure and Evidence Act (CP&E) to prosecute public officers who, despite substantial evidence, have not faced legal action.
“Substantial and peculiar interest”
Section 14 of the CP&E Act grants private individuals the right to prosecute if they can demonstrate a “substantial and peculiar interest” in a case, especially if the DPP declines to take action.
In their letter, Khama and his co-accused claim they have suffered significant harm due to false accusations made by state officials and believe those responsible should be held accountable.
The P100 billion case, involving allegations of embezzlement, gained widespread attention in 2019 when a charge sheet and an affidavit by Directorate on Corruption and Economic Crime (DCEC) investigator, Jako Hubona accused the group of money laundering.
Irreparable harm
These charges were later dismissed by the courts but Khama, Motsepe and “Butterfly” argue that damage had already been caused to them, resulting in irreparable harm to their reputations.
In their letter, the trio claims that the investigation was politically motivated and that public officers involved in the case committed offences such as abuse of office, perjury, subordination of perjury, conspiracy to defeat justice, and fabricating evidence.
They insist that despite a ruling in their favour, the DPP has failed to act against those responsible for their wrongful prosecution.
Private prosecution
Khama and his co-accused demand that the DPP immediately initiate criminal proceedings against the public officers involved, including those who prepared the now-discredited charge sheet and Hubona’s affidavit.
They list a series of offences, including abuse of office, perjury, subornation of perjury, fabrication of evidence and conspiracy to defeat justice.
If the DPP fails to prosecute within the given 30-day timeframe, Khama, Motsepe and “Butterfly” say they intend to pursue a private prosecution, as permitted under the CP&E Act.
False accusations
They have also requested that should the DPP decline to prosecute, they be issued with a certificate stating the DPP’s refusal, thus allowing them to proceed with their own legal action.
“We have suffered significant harm due to these false accusations, and we will take legal action if justice is not served,” they stated in their letter.
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