. . . Secures freedom after “dodgy” settlement
. . . Makara’s co-accused in the dark about it
Mohalenyane Phakela/Moorosi Tsiane
THE much-talked-about M109 million fertiliser corruption case has taken a dramatic twist after it emerged this week that one of the accused, who had allegedly admitted guilt, was now as free as a bird.
The case has been in abeyance since March this year when one of the accused, the Democratic Congress (DC) legislator for Mechachane, Jane Lekunya, launched a Constitutional Court application challenging the decision to charge him.
Mr Lekunya claimed impropriety in the way he was being charged. He alleged that ruling Revolution For Prosperity (RFP) legislators involved in the transactions constituting the alleged corruption were being spared while he was being “selectively” targeted.
His case is still pending before the Constitutional Court.
The other accused persons in the matter include Mr Lekunya’s wife, ‘Makhoase Lekunya; businessman Moeketsi “Tsunami” Ntaote; Ministry of Agriculture, Food Security and Nutrition procurement manager, ‘Mapaseka Nkone; and former Ministry of Agriculture Principal Secretary, Nchakha Makara.
Quite bizarrely, the other accused were shocked to learn yesterday that Mr Makara’s case had already been finalised.
While they said they were still trying to trace the judgment, they were equally puzzled by the fact that there had never been a separation of trials — raising questions about how and when Mr Makara’s case proceeded separately.
A source close to the matter told the Lesotho Times that the DCEO prosecution department had kept the settlement “a top secret” and had not shared it with other DCEO departments. It is alleged that even the DCEO boss, Advocate Mantso Sello, could have been in the dark.
That was until another department within DCEO attempted to sell a Jeep Wrangler which Mr Makara had surrendered last year as the anti-graft body collected property deemed as proceeds of crime from the M109 million tender scam.
“It is not only the accused’s lawyers who are shocked by the development. Others within the DCEO were also left stunned this week after discovering that Makara’s issues had been finalised, while all along their information was that the case would only proceed after Lekunya’s constitutional case had been finalised,” the source said.
“Other officers in the DCEO only learned when they wanted to sell the vehicle, that Mr Makara is now a free man. His matter was moved by DCEO prosecutor, Mojalefa Shakhane, before Chief Magistrate (‘Matankiso) Nthunya and settled in June this year. He (Makara) was ordered to pay a M500 000 fine, and that was the end of the case.
“The DCEO evidence was never presented in court and the ruling simply states that Makara was found guilty. There is no explanation of what he was found guilty of. Things being right, the trials should have been separated in court with other defence lawyers present.”
These reporters visited Magistrate Nthunya’s office yesterday to request a copy of Mr Makara’s judgment. Initially, the magistrate’s secretary indicated they would be assisted, but an hour later referred them to the court’s information office.
None of the three officers who work in that office were on duty.
DCEO
The DCEO spokesperson, ’Matlhokomelo Senoko, confirmed the developments but said she did not have full information.
“I heard this week when I followed up on the matter that Mr Makara’s case had been finalised. However, our prosecution office knew, so I think it’s best if you ask Ntate (Pelea) Joala about it. I am currently out of town.”
The DCEO’s head of prosecution, Advocate Joala, said Mr Makara’s case had long been dealt with and that he had been aware of the developments.
“I got to know that Makara would enter a guilty-plea bargain….,” Mr Joala said. He was however not conclusively sure if there had been a separation of trials.
“I am yet to get full details from the prosecutor. What I am not sure of is whether his case had its own file. I have the settlement, just that I am far from the office at the moment,” Adv Joala said.
Accused’s lawyers
Lawyers representing the remaining accused said they were surprised to learn this week that Mr Makara’s case had been settled. They said they intended to seek a review of the developments.
Mr Ntaote and Ms Nkone’s lawyer, Adv Rethabile Setlojoane, said they had never been notified of the developments that led to Mr Makara’s case being settled.
“To our knowledge, the matter was stood down when Ntate (Adv Christopher) Lephuthing escalated his client Lekunya’s case to the Constitutional Court. We were to wait for that case to be finalised. I am learning for the first time that Mr Makara’s case has been dealt with separately,” Adv Setlojoane said.
Background
The DCEO has alleged that an elaborate web of corruption in the fertiliser procurement scheme cost the government M109,184,650, with tender prices deliberately inflated to maximise illicit enrichment.
“The manipulation of procurement regulations started during the reign of Nchakha Makara, and it would seem he had a personal relationship with Ntaote in that he would go to an extent of soliciting loans and becoming a surety for Ntaote,” the DCEO docket stated.
The docket also details suspicious financial transactions involving Mr Lekunya. On 23 December 2021, M5.5 million was transferred from Mr Ntaote’s FNB account into Mr Lekunya’s account.
Further transfers were made on 18 March 2022, amounting to M3.5 million, and on 12 April 2022, when M123,000 was sent to Mr Lekunya’s account. Other transactions include payments made to Mr Lekunya in March and May 2021, totaling over M1.6 million, from Mr Ntaote and his associated companies.
The allegations also extend to Ms Lekunya, who is reported to have received a total of M22,648,500 into her Stanlib investment account from Mr Ntaote and his companies.
Notable transactions include a payment of M3 million on 23 March 2021, another of M4,398,500 on 1 February 2022, and M12 million on 6 June 2022.
Additionally, Ms Lekunya is alleged to have used funds from Mr Ntaote to purchase agricultural products, possibly to assist him in fulfilling the tender obligations awarded to his companies.
The DCEO further revealed that tenders were selectively awarded to companies linked to Mr Ntaote, such as Movement (Pty) Ltd, which is connected to Mr Lekunya’s Guardrisk Insurance Brokers company. Competitive bidding processes were bypassed, favouring selective tendering practices that ignored potential conflicts of interest.
In awarding these tenders, Ms Nkone is accused of failing to disclose her personal relationship with Mr Ntaote, further undermining the integrity of the procurement processes.
Guardrisk Insurance Brokers had allegedly been used to launder money paid to Mr Ntaote by the government, the DCEO docket had claimed.
One such instance involves a transfer of M2.1 million from Guardrisk to Advanced Agriculture’s Post Bank account in October 2021, described as a loan to Mr Ntaote.
After receiving funds from the Ministry of Agriculture in January 2022, Movement (Pty) Ltd repaid the M2.1 million to Guardrisk, along with an additional M100,000.
In another instance, M5.6 million was transferred through Guardrisk to purchase property in Somerset West, South Africa, under Pavilion Properties. According to the DCEO, this property was purchased on behalf of Mr Ntaote, with the funds originating from fraudulent tender payments.
