Friday, December 4, 2020

Bank of Botswana clash with Collins Newman over fraud claims

The Deputy Governor of Bank of Botswana Moses Pelaolo Dinekere has distanced himself and the Bank from law firm Collins Newsman & Co. and  its attorney Bokani Machinya.

This follows fraud allegations in court documents raised by Minchin and Kelly Attorneys who are representing creditor of collapsed Kingdom Bank.

 The fraud allegations arise from claims that after the default judgment was issued on the basis that a notice to defend the matter was not filed on time, Collins Newman and Company then allegedly went on to forge court stamps to make it appear as if they had indeed filed the papers within the designated deadline.  

In his supplementary affidavit, Pelaelo states that “I have no personal knowledge as to whether or not the intention to defend the application was in fact duly filed…my belief that the aforesaid notice was solely based on what I was told by Ms Bokani Machinya (Ms Machinya) in this regard in her capacity as the responsible employee of Collins and Newman.”  

Pelaelo added that “How Ms Machinya conducted the administrative aspect of the matter, I do not know…I’m advised now that there exists some question as to whether Ms Machinya in fact filed a notice of intention to defend or not. Again I cannot assist the Court in shedding light on this factual question.” 

According to Pelaelo “…whenever I stated that the notice of intention to defend had been filed, that statement was made on the basis of Ms Machinya confirming that this was so…” 

Commenting on this affidavit, Acting Gaborone High Court Judge Zain Dr Kebonang said “from claiming personable knowledge and asserting that an appearance to defend had been filed, Mr Moses Pelaelo Dinekere does the unthinkable thing in his supplementary replying affidavit. He now passes the blame of any wrong doing to his attorneys.” 

Kebonang added that “from maintaining and insisting that its appearance had been filed, the Applicant filed on the 8th September 2015, a supplementary replying affidavit in which it took a completely different position from its earlier stance.” 

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The Telegraph December 2

Digital edition of The Telegraph, December 2, 2020.