When the Department of Public Prosecutions was established a few years ago, Leatile Dambe was appointed its first Director. Our learned friends in the legal fraternity viewed her appointment as a milestone given the fact that she is a woman and most importantly, because of the vast experience that she has a legal practitioner. It was during her tenure that some of the senior and well respected members of our society were dragged to courts of law to answer corruption charges. These included Elvidge Mhlauli, Armando Lionjanga and the late Louis Nchindo.
It was at the beginning of the Louis Nchindo trial that most people started to appreciate the good work that Dambe and her lieutenants were doing. This is mainly because Nchindo was one of the most powerful and influential members of our society who played a pivotal role in deciding people who could ascend to the highest office in the land. We read in the newspapers that he was the man behind the consultancy study that was done by Prof Lawrence Schlemmer which was meant to advise the BDP on what had to be done for it to continue ruling this country. We also read stories about him having assisted in the preparation of an exit package for President Masire, the ascendancy of Festus Mogae to the presidency and the recruitment of Lt Gen Khama into politics.
Interestingly, all these things did not matter to Leatile Dambe as she dragged Nchindo to court in a trial that has seen a former President, a former cabinet minister and a high court judge being cross examined by the no-nonsense Kgosietsile Ngakaagae and his colleagues. I have no doubt in my mind that most people are awaiting the outcome of this trial with bated breath.
Given Dambe’s sterling performance as the Director of Public Prosecutions, it did not come as a surprise to many people when she was appointed a high court judge. She has been succeeded by Leonard Sechele, a gentleman who is well known for having executed his magisterial duties without fear or favour. This is a man who in the 1990s and early 2000s was praised by some people for having improved the security of citizens by slapping some of the most notorious criminals with long jail sentences. As magistrate, he had no mercy for people involved in armed robberies, motor vehicle theft and other serious crimes. I remember one day when I was still a student as UB, one guy told us that Leonard Sechele was a very fair but strong man who allowed all the accused persons appearing before him to use any language that they are comfortable with to defend themselves including Ikalanga!
Despite the impressive record that Sechele has as a magistrate and a legal advisor in one or two parastatals, some people did not expect him to be Dambe’s successor at DPP. The BMD spokesperson, Advocate Sydney Pilane, wrote a strong worded letter to the newspapers bemoaning Sechele’s appointment. His main contention was that Sechele does not have the requisite prosecutorial experience that the Director of Public Prosecutions is expected to have. Furthermore, prior to his appointment, he served as the first legal advisor of the agency that many people love to hate, the DISS. I understood Pilane to be saying that the fact that one was a good magistrate does not necessarily mean that he/she is competent to be a prosecutor or a defense attorney. These are three different roles requiring three different individuals with different skills. Even though my knowledge of legal issues is very limited, I agree with this assessment.
Now that Sechele is the Director of Public Prosecutions and has decided to lead the prosecution team against his former minister, Dikgakgamatso Ramadeluka Seretse, people in bars, buses, combis, offices, stadia, churches etc. have started to say all sorts of things about the trial. Some are celebrating that at long last, Seretse, who is President Khama’s cousin, has been taken to court to answer corruption charges. They are not very much bothered about what is likely to transpire during the trial. All that they want is for Seretse to be humiliated because the history books of this country will forever indicate that he is one of the few ministers who, during his tenure, was forced to resign his post and answer corruption charges.
Some people are of the view that the whole thing is stage managed. They contend that Seretse will easily walk and will get his cabinet post back. Their argument is based on the fact that the DISS which was served by Sechele falls under the ministry that was headed by Seretse. The DPP, which is currently headed by Sechele, falls under the ministry that was headed by Seretse. The institution that conducted the investigations, the DCEC, which is headed by Seretse’s sister in law, also falls under the ministry that was headed by Seretse. And finally, the magistrate who will be presiding
over the case belongs to a department which falls under the ministry that was headed by Seretse.
It is this connection between the various institutions involved and the relationship that they have with the ministry that was headed by the accused that is the main cause of discomfort for some people. Hence, I strongly believe that when the trial starts in earnest, all eyes will be on Sechele to prove beyond any reasonable doubt that Seretse must be convicted. Sechele is the most important person in this trial because its outcome will be heavily based on the manner in which he presents his arguments and counter arguments. Mind you, he will be battling it out with a seasoned lawyer, Parks Tafa, who has defended many powerful people including the President of this republic.
By saying that the state has a strong case against the accused, Sechele gave people the impression that his department has done its homework and will move mountains to get a guilty verdict. Should he fail to get a guilty verdict, then people who had doubts about his appointment will say “we told you that he does not have what it takes to do the job.” Others will simply say “what did you expect? He was appointed basically to go and see to it that the Seretse drama is brought to its logical conclusion so that he can be reappointed to cabinet.” It is against this background that I strongly believe that this trial is going to be a test of character, integrity and pedigree of the state lead prosecutor. Hence, all eyes will definitely be on him.
*Dr Mothusi teaches Public Administration at the University of Botswana
