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Arrest my Baby Mama

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Frustrated father’s passionate plea for access to his child

A distraught father, Ogaufi Marumoloa, has found himself seeking the assistance of The Voice Newspaper to speak out about his ordeal after “exhausting all the possible means” to get help against the mother of his child, Tshepo Nalesha.

The 38-year-old Goodhope man is crying foul at the handling of the investigation of his case by the Broadhurst Police Station in Gaborone.

Marumoloa refers to the case in which he has applied for the arrest of his baby mama for failure to comply with the terms of the Child Access order as granted by the Broadhurst Magistrate Court in September of 2015.

This publication is in possession of two documents from 2015, a Restraining Order against Tshepo Nalesha and Neo Nalesha who is the mother of Tshepo Nalesha and a Child Access Order.
Marumoloa said in an interview that he was forced to apply for the restraining order against the duo following the harassment he had to endure from them in terms of financial demands and failure to account for those finances.

“Even though they wanted money from me, money they couldn’t account for they still barred me from seeing my daughter. I was a student then and could not deal with so much stress and little pay.”

The court did order Marumoloa to pay P400 per month for the maintenance of the child as per his abilities, but Nalesha once proposed an increase to Marumoloa who had no problem complying provided previous money was accounted for.

That is my point of contention even right now.

Some of the terms of the Child Access Order include notification of the father of all the movements of the child in terms of travelling and relocations.

The court also ordered that Marumoloa be involved in the nurturing of the child.

“My daughter was taken without my consent from Goodhope where she schooled to Notwane Primary School in Gaborone. To make matters worse, my daughter had to live with her mother’s then boyfriend. Also, one day I wanted to take my daughter for her preschool graduation but she (Nalesha) told me that her mother (Neo Nalesha) will be there with her and she indeed she was, which made me to appear like a mere guest at my daughter’s graduation.”

Marumoloa states emotionally that he has been following Nalesha around requesting to be put in their daughter’s birth certificate but she is always “too busy”.

His primary complaint is the amount of time taken to investigate the matter.

The Station Commander, Obusitse Lokae confirmed they have his case with them and that the case is not really a problem.

“The case is somehow messed up in that sometimes when we call the accused to the station she is sick with stroke complications or like recently she became a nursing mother and therefore wasn’t available. Sometimes we’d call her to the office and pitifully send her back because of her state. We cannot call someone to court in such an early age of motherhood.” The station commander calmly explained.

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DPP moves closer to recovering P60 million

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The Directorate of Public Prosecutions moved another step closer to recovering the government’s P60 million from Basis Points Capital LTD when it closed its final submissions on Tuesday.

The DPP has made an application for Civil Forfeiture Order against property belonging to persons implicated in criminal proceedings in the P250 million National Petroleum Fund scam that is before the courts.

Making his final submissions, Ernest Mosate responded to arguments raised by the lawyers for the defendants saying that they were wrong to think that the DPP has no right to raise the issue of a fraudulent contract between DIS and Basis Points Capital LTD in their Replying Affidavit.

He said they had no intention to make the issue part of their application for the order, but the respondents raised it in their answering affidavits.

“Our Replying Affidavit brought evidence to demonstrate that the contract does not exist, it is a fraudulent document and that is why it cannot be the basis for the eating of 60 million Pula and for the manner in which it was eaten,” Mosate argued.

Basis Points Capital is linked to Bakang Seretse who is implicated in the 250 million NPF case that is still pending before the courts of law.

Mosate said that the fraudulent contract came into being between March and July 2016 and a total of P60 million was transferred to Basis Points Capital bank accounts at Stanbic Bank and Bank Gaborone between July and December of the same year.

He added that fraudulent signatures, fraudulent correspondence, and ghost employees of DIS were used in the scam hence the urgent need to recover the funds.

This, he said, was confirmed by DIS and ministry officials who have disowned the signatures that appear in agreement documents.

Earlier, the defendants called for government officials to take to the witness stand and be subjected to cross examination in respect to the contents of their affidavits.

Mosate said that the rules of the High Court Act and Proceeds and Instruments of Crime Act (PICA) prescribe how forfeiture proceedings should be conducted – “they should be conducted speedily and expeditiously”.

He said there was no need for a full trial but the judge had the discretion to call some witnesses to clarify their averments.

The DPP further said that the company did not procure oil as purported in the fraudulent contract but instead, the funds were used in acquisition of luxurious vehicles and acquisition of plots which are to be forfeited.

Some of the vehicles under the DPP’s radar are a couple of Ford Maceratti, Mercedes Benz luxury vehicles and developed plots.

Meanwhile, Justice OmphemetseMotumise has postponed the matter to end of July when he will pass judgment.

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Court dismisses application for case withdrawal

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Industrial Court Judge President, Tebogo Maruping, has turned down an application for a withdrawal in a marathon case between former Wildlife Ranger, Thatayaone Lexicon Mpatane and his former employer Department of Wildlife & National Parks.

In a brief letter dated 10th March, the Registrar of the Industrial Court, Anna Mphethe writes that: “I’m directed by by the Honourable Judge President who’s seized with this matter to inform you that this has been concluded and is currently awaiting judgement and therefore your application for withdrawal will not be entertained.”

A bemused Mpatane told The Voice that he was shocked that the Judge President has rejected his intention to withdraw the matter. “In our correspondences last year, whenever I inquired about the case, I was always given the impression that the Judge President had a backlog of cases from as far back as 2017 and mine was number 50 out of about 51 cases,” he said.

Mpatane referred The Voice to a correspondence from the Court written on 20th December 2019 in response to his inquiry written on 11th November 2019.

In the letter written by Bakang Tshipinare on behalf of the Registrar, the Judge President states that the principle of first in, last out is applied when cases are adjudicated before court. “Your matter will hence be dealt with, once the preceding cases are concluded. We’ll hence keep yourself updated on the estimated time frames during the year 2020,” reads part of the letter.

In court documents seen by this publication, Mpatane wrote his case withdrawal letter on 3rd February and requested a prompt meeting with the bench clerk to inspect the file.

However according to Mpatane while the court provided him with the documents the one he needed the most was conspicuously missing. “The court order confirming that I withdrew the matter was not among the documents and when I inquired further I was told the Judge President had refused to write the order asserting that he had already heard the case and would write judgement,” he said.

The former ranger told The Voice last week that he needed the material to register the matter with the High Court to seek for additional reliefs which the Industrial Court cannot grant.

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