Moorosi Tsiane
THE Shelly Brown’s co-owner, ‘Malerato Khutlisi, claims to have lost M598 000 in profits from 10 February to 4 March 2024 when former Police Commissioner Holomo Molibeli allegedly connived with Tholo Energy boss, Thabiso Moroahae, to shut down her business.
Ms Khutlisi claims in court papers Mr Moroahae had personally deployed police officers at her home on 9 February 2024, who placed her family under house arrest, and also proceeded to close the Ha Thamae-situated Shelly Brown night club and car wash. She claims Mr Molibeli had provided the police officers who allegedly arrived in Mr Moroahae’s cars.
She reopened the joint this past Saturday.
The closure was in connection with the M40 million which Ms Khutlisi and her husband, Tumisang Thahanyane, allegedly stole from Tholo Energy.
The couple was on 26 January this year charged by the Maseru Magistrates Court for defrauding Tholo Energy of the M40 million. Mr Thahanyane was Tholo Energy’s chief financial officer when the money allegedly went missing between 2018 and 2023. He was accused of stealing the money by depositing part of it into his wife, Ms Khutlisi’s accounts. But Ms Khutlisi has now come out guns blazing alleging the charges against her and her husband are a “smokescreen” to hide the true origins of the money.
She claims the M40 million was stolen by Mr Moroahae from Letṧeng Diamonds. She therefore wants Letṧeng Diamonds to be joined to the court proceedings – in which she is challenging the seizure of her properties – to “prove” Mr Moroahae’s “corruption” in supplying fuel to the mine.
Mr Thahanyane and 14 acquaintances appeared before Resident Magistrate Motlatsi Kolisang on 26 January 2024 who conferred them with the fraud, theft, and money laundering charges.
Mr Thahanyane was further charged with misappropriation of funds and abuse of power.
Magistrate Kolisang released him on M15 000 bail and M70 000 surety, while his co-accused were released on M10 000 bail and M50 000 surety each.
They were charged alongside three companies; Vicmo Industrial Supply, City Metal (Pty) Ltd and Earthly Market, which were allegedly used to swindle the monies from Tholo Energy.
According to a police report, the monies were transferred using Electronic Funds Transfer (EFT) systems by Mr Thahanyane from Tholo Energy bank accounts under the pretext that he was paying Tholo Energy’s service providers.
The police had secured a High Court order to attach the properties belonging to the Shelly Brown owners and their co-accused.
On 9 February 2024, the High Court sheriff and the police’s Special Operations Unit (SOU) raided the residences of the accused and their businesses and seized various properties which will be preserved and used as evidence in the criminal trial.
Ms Khutlisi ran to court on 4 March 2024 seeking the rescission of Justice Polo Banyane’s order which granted the police permission to seize her property.
Her lawyer, Advocate Christopher Lephuthing, told this publication that they would argue the matter on 25 March 2024 before Justice Banyane.
Adv Lephuthing had also advised Ms Khutlisi to reopen Shelly Brown as the attachment order did not order the closure of business but just the seizure of property. Hence, the popular night club and car wash resumed operations this past week.
Ms Khutlisi, who accused Mr Molibeli of conniving with Mr Moroahae to conceal the true origin of the “stolen” M40 million, claims in her court papers to have suffered huge financial losses due to Messrs Molibeli and Moroahae’s “scheme”.
“I am urging this court to agree that the former Commissioner of Police went beyond the express terms of the reliefs granted by this court when he authorized his officers to close my business. The decision to close my business is tantamount to total prohibition of trade, and it was accordingly in excess of the powers of those junior police officers who were deployed physically by Thabiso Moroahae to close my business on the 9th February 2024,” Ms Khutlisi states, claiming she lost M598 000 in profits.
Ms Khutlisi says she continued to pay her Shelly Brown staff salaries despite being out of business due to Mr Molibeli’s “abuse of power”.
“…..I maintain that Letṧeng Diamond (Pty) Ltd must be joined in this case. The monies alleged to have been taken by Tumisang Thahanyane from Tholo Energy have obviously been in control of Thabiso Moroahae as proceeds of crime after Letṧeng Diamond (Pty) Ltd had been defrauded.”
Officer Commanding Counter Commercial Crime, Commissioner of Police, Director Geneal DCEO, Letṧeng Diamond and Attorney General are first to fifth respondents respectively in this application.
The police have only filed their intention to oppose the application. No answering affidavits have been filed as yet.
