The above subject matter, in particular the annexed petition dated 19th November 2013 addressed to His Excellency the President of this Republic, refers. It is public knowledge that the said petition led to the postponement of the scheduled poll day from 24th November 2013 to 25th January 2014.
This petition contains details such as omang numbers, house numbers, contact numbers and signatures of persons said to be residents of the Francistown West Constituency. A perusal of the petition shows that each page at least contains names commencing with a similar alphabet together with corresponding details and signatures. Unless all these so-called petitioners were in a queue in one place, including the dead mentioned therein, it is inconceivable that this exercise would have been possible.
The Botswana Congress Party is the second largest political party in the Republic of Botswana with a significant interest in the conduct of elections in this country. It has participated in at least the last three general elections and has properly registered to participate in the controversial Francistown West bye election.
In its quest to win the Francistown West bye election, it has expended huge resources, both financial and human only for a properly scheduled poll date to be postponed on account of a pseudo petition to the Presidency. From radio and print media the culprits who marshalled the petition and whose identities and contacts numbers are clearly apparent on the face of the petition are as follows:
Zazambi Tuelo;
Patricia Bakwinya;
Ernest Mario Tsheko;
Laiza Maguswi;
Patricia Maguswi;
Kgalalelo Bakwinya.
A perusal of the petition shows that that this was nothing but a fraud. On the basis of the evidence we have gathered as a party from various sources, we have a reasonable suspicion that some or more of the following offences may have been committed by the said perpetrators:
Uttering a false document contrary to section 348 of the Penal Code. We understand that the petition, which we believe is a false document as per the Penal Code was uttered to the District Commissioner in Francistown; Mr Eric Molale, the Permanent Secretary to the President and to the then Acting President His Honour Dr. Ponatshego Hallelluja Kedikilwe. The said perpetrators knew that the contents of the said petition were false but flagrantly proceeded to tailor and deliver it.
Forgery with intend to defraud and /or deceive contrary to section 339 as read with sections 341 (a) and 344 of the Penal Code. Quite clearly, the intention of the fraudsters who masterminded this petition was to defraud and/or deceive the then Acting President into believing that it was in the “public interest” in terms of section 46(1) of the Electoral Act to postpone a properly scheduled Francistown West bye election. On the preliminary evidence we have gathered, we hold the view that the petition was a forgery as per the relevant provisions of the Penal Code and therefore satisfies the litmus test to prosecute the perpetrators involved in the exercise.
Giving false information to a person employed in the public service contrary to section 131 of the Penal Code. The petition in our view constituted false information and it was given to persons employed in the public service by the organisers of the discredited petition.
The basis of our reasonable suspicion that these offences may have been committed is premised on the following documentary evidence;
A sworn affidavit of Thabo Nyambe who appears as a petitioner but knew nothing about the petition. He has never been part of the petition and has never signed it. We annex the said affidavit hereto marked BCP1.
A sworn affidavit of Noah Mmusi who appears as a petitioner but knew nothing about the petition. He has never been part of the petition and has never signed it. We annex the said affidavit hereto marked BCP2.
Forensic Document consultant’s Report, which is basically a hand writing and signature comparison and analysis by experts. The report would show that the petition was concocted by a few individuals who wrote down the names of the alleged petitioners and signed for them. The report is also annexed hereto marked BCP3.
A copy of the said petition.
Evidence has since come to light that some of the alleged signatories to the petition are long deceased one of them namely Tolani Poiso.
Our prime suspects are the individuals cited at paragraph 4 (a) ÔÇô (f) hereof whose public face is Zazambi Tuelo and the intended beneficiary is Ignatius Moswaane who seems to have aided and abetted the concoction of the petition and is said to have personally delivered the petition to the Office of the President.
It is worth noting that prior to the orchestration and ultimate service of the bogus petition to the Presidency by the said individuals, Mr. Parks Tafa, the Botswana Democratic Party Electoral Board Chairman was quoted in the private media saying the President has the power in terms of the law to postpone the bye election. Indeed it came to pass.
It would therefore not be farfetched to conclude that in the scheme of things, the Botswana Democratic Party also colluded or at least hobbled them into making the said petition. This is so for the reason that it has not publicly condemned their unlawful acts.
Furthermore, the said perpetrators have not been called to disciplinary hearing despite the party’s culture of intolerance when it comes to matter bordering on waywardness and disobedience.
We hope the above information will form a solid base from which to kick start credible criminal investigations and ultimately bring all the perpetrators of these crimes to book. We will be ready and willing to assist the police with everyone we have in relation to this matter so that the perpetrators are held to account.
As a complainant, we expect your office to revert to us on the progress the subject herein without much ado.
Dr. Kesitegile Gobotswang
BCP Secretary General
