Afriforum has scattered claims by the Minister of Justice, Defence and Security Kagiso Mmusi that Botswana has no relationship with the Afrikaner lobby group.
On its website, AfriForum said the government of Botswana had appointed Advocate Nel, Adv. Phyllis Vorster (prosecutor) and Andrew Leask (chief investigator at the unit) to deal with the pre-trial proceedings the prosecution of Welheminah Mphoeng Maswabi.
Answering a question in Parliament, the Minister had stated: “I wish to underscore the fact that the Directorate of Public Prosecution has not entered into an agreement and has no relationship with AfriForum.”
Confirming the association between AfriForum and Botswana Government, Neil said:”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,” Nel said.
He 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 case involves spy agent Welheminah Mphoeng Maswabi who is being prosecuted for, among others, possession of unexplained property and making a false declaration for a passport.
Mmusi said the engagement of Nel by the Directorate of Public Prosecution was facilitated through a South African legal practice named Hunter Spies Attorneys.
“The basis of engagement was his reputation as a former prosecutor and legal practitioner with vast experience in criminal law and investigations and prosecutions of trans organised complex crime. The agreement is still in force and has not been terminated,” said the Minister.
He further stated that nothing was due to Nel because all the work carried out thus far was pro bono meaning there was no charge as the work was considered to be for the public good and therefore, free of charge.
“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to accede to Botswana’s request for mutual legal assistance not only resulted in certain charges against Maswabi being withdrawn, but also caused conflict with regard to the charge against Maswabi being withdrawn, but also caused conflict with regard to the matter in Botswana,” Nel said.
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.
