Attorney Gabriel Kanjabanga is accused of criminal counts faced by his clients – Capital Management Botswana Fund and its former director Timothy Marsland.
The state had made recusal application against Kanjabanga.
The state has also sought that Judge Zein Kebonang recuse himself from the case due to conflict of interest arising from his twin brother Sadique Kebonang’s involvement in the CMB case.
The application for leave to appeal will be heard on the 5th August 2021 before judge Tshweneyagae.
According to court papers the state wants recusal of Gabriel Kanjabanga of Kanjabanga and Associates from representing the applicants (Marsland cited as 1st applicant and Rapula cited as 2nd applicant) due to the fact that he is facing the same offences, which his clients participated in the alleged commission of false information and money laundering and that they should engage a different attorney who is not from Kanjabanga and Associates.
In their notice of intention to raise points in limine and Notice of Motion (application for recusal) the, DPP maintains that the 1st applicant has no locus standi before Botswana courts as a fugitive from justice.
The court records reflect that on the 1st December 2017 different transactions followed and were diverted to Capital Management Botswana, FNBB account number 62080286977.Then on the 22nd December 2017 an amount of BWP2 000 000.00(2 million Pula) was transferred to (Tunosast Pty)Ltd owned by the 2nd applicant. And on the 23rd December 2017 Kanjabanga & Associates Attorneys Trust account was further credited with an amount of BW P10 000 000 .00 referenced as Gabriel and that bank statements attached as evidence will be used in court.
Court records further shows that evidence gathered established that Gabriel Kanjabanga and his company are held liable to similar offences with the applicants and that following diversions of funds from BOP bank account into CMB Fund1 bank account, on the 2nd February 2018 a sum of BWP10 000 000.00(10 Million Pula) was transferred to Capital management Africa (a company owned by the 1st applicant)
On the 5th February 2018 an amount of BWP5 000 000.00 was paid into Kanjabanga and Associates Trust Bank Account number 57111192193 and that no explanation has been provided by Kanjabanga on what legal fees were being paid and further no legal fees were issued.
The court will also hear that Godfrey Kaithano Chindozi an employee f Kanjabanga and Associetes was issued with cheque to cash the money from Trust account and give it to Gabriel Kanjabanga.
The court will also hear that 26th June 2017 an amount of BWP4, 246 595.26 was deposited into Stanbic Bank account number 9060002212604 hely by CMB as realized dividends from Wilderness which amount was paid to Sadique Kebonang (twin brother to High Court Judge Zein Kebonang) which money was from CMB fund1 hence where the arguments for recusal on the part of the judge because the matter is before him.