Botswana lawyers decry involvement of AfriForum in Bridgette Motsepe case

Botswana’s choice of AfriForum as an ally in a case against the South African government and involving prominent, politically well-connected businesswoman Bridgette Motsepe, could worsen relations between the two countries even further, the vice-chairperson of the Law Society of Botswana, Mboki Chilisa has said. 

“We are all extremely disappointed by the appointment of AfriForum, given what AfriForum stands for. It’s not something we expected or thought government could do.

“It is a group which seeks to stand in opposition to transformation, and a group that seeks to stand in the way of trying to redress inequalities of the past in South Africa,” Chilisa said. 

“The timing is very bizarre. At the moment there is a global wave that seeks to uproot racism the world over. And in this sensitive and delicate time you decide to engage AfriForum. That is very alarming.” 

Chilisa said the political dynamics at play in the case meant the Botswanan government might have thought that appointing an organisation “who stands in direct opposition to the government of the day” would give them a political advantage. Instead, it could make relations worse. 

An emotional Motsepe on Thursday preferred not to dwell on the racial dynamics, but said Nel should “not allow any country or any government to destroy what he did for Reeva. He did a good job for a woman and stood by her.” She was referring to Nel’s most prominent case which involved prosecuting Paralympian Oscar Pistorius for the murder of his girlfriend, Reeva Steenkamp.

Her comments came a day after AfriForum announced that Nel, who heads its Private Prosecution Unit, was tasked by the Botswana government to help it pursue a case which implicates her in money laundering

Nel was briefed to pursue Botswana’s formal request for Mutual Legal Assistance to South Africa, which AfriForum said had “inexplicably disappeared or [been] ignored”. 

AfriForum CEO Kallie Kriel, however, said in a statement it was a privilege to work with the Botswana government. 

“It is necessary for us as fellow Africans who want to help ensure that our continent is successful, to do everything in our power to eradicate fraud and money-laundering,” he said on Wednesday. “Our continent and subcontinent have immense potential that is being handicapped by a corrupt elite.” 

Motsepe is alleged to have been a co-signatory on an Absa and Nedbank accounts holding some of the more than $10-billion – about R150 billion – allegedly stolen from the Botswana government to finance a “coup” ahead of Botswana’s national elections in October last year. At the end of 2019 Motsepe produced letters from the two banks saying these accounts did not exist. She is also alleged to have used Botswana company Avante Security Services to sponsor a candidate to oppose President Mokgweetsi Masisi. 

Motsepe, however, said Botswana should have tried diplomatic channels first before going the legal route. 

“If you’re one government and you have a problem with another government, you try to interact with the ministers of foreign affairs and ambassadors,” Motsepe said. 

Other avenues include engaging the president or working through regional bodies like the Southern African Development Community or the African Union, or committees looking at illicit financial outflows, she added. She also said the amount of money she is alleged to have taken out of Botswana was such a significant percentage of the country’s annual budget that it would have been picked up by authorities. 

Motsepe has gone to great lengths in an effort to clear her name. In addition to Cherie Blair’s Omnia Strategy, she also employed international business intelligence agency Alaco Limited, to do an independent investigation into the allegations against her. She was due to consult her legal team late on Thursday about pursuing a defamation claim against the relevant agencies and newspapers who made these allegations.