Mohalenyane Phakela
The M40 million allegedly defrauded from popular energy company, Tholo Energy, was not legitimately acquired, it has been alleged.
Popular night club and car wash, Shelly Brown, co-owner, ‘Malerato Khutlisi, has accused Tholo Energy boss, Thabiso Moroahae, of fraudulently acquiring the M40 million and then “lying” that it had been stolen from him.
She then accuses Police Commissioner, Holomo Molibeli, of conniving with Mr Moroahae, to “hide” the true origins of the M40 million.
She therefore wants the Directorate on Corruption and Economic Offences (DCEO) to investigate the true source of the money. She makes her allegations in a court application in which she seeks the rescission of a judgment which ordered the seizure and preservation of her assets over her participation in the alleged theft of the M40 million from Tholo Energy.
Ms Khutlisi and her husband, Tumisang Thahanyane, were in 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.
The couple was charged alongside Victor Makhetha, Malerato Khutlisi, Lisebo Sepheakhang, Siene Ratsiu, Siene Supplies, Lehlohonolo Teba, Ntaso Khanyapa, Moratuoa Hlongoa, Talenta Masoatsa, Thabana Thabana, Lineo Khotseng, Tloaelo Khutlisi, Ntsane Nyai and Lereko Matlotlo.
Mr Thahanyane and his 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 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.
Apart from their popular Shelly Brown outlet, Mr Thahanyane and Ms Khutlisi’s Upper Thamae double storey mansion was also raided with the police seizing various items including vehicles. A Land Rover Discovery 4 and Toyota GD-6 were among the items confiscated.
And now Ms Khutlisi has run to the High Court to try and get Justice Polo Banyane’s 8 February 2024 seizure order rescinded.
In her application which will be moved today, Ms Khutlisi demands that the DCEO investigates the source of Mr Moroahae’s millions, alleging the money was ‘fraudently’ acquired. She says the police had no business in investigating them in their alleged theft of the M40 million. It should have been the DCEO that should have probed how that money was sourced and brought into the country by Mr Moroahae.
“The was no forensic investigation conducted on the alleged misappropriated monies which could have shed light on where and how Thabiso Moroahae got the ‘misappropriated’ funds in the first place,” Ms Khutlisi claims.
“…The question whether the former Commissioner of Police (Molibeli) or his subordinates had locus standi (legal standing) to raise the matters under the microscope had not been probed.”
Ms Khutlisi also wants Letṧeng Diamonds to be joined to the proceedings to “prove” Mr Moroahae’s “corruption” in supplying fuel to the mine.
She alleges that Mr Molibeli was in bed with Mr Moroahae in order to protect the latter. She claims Mr Moroahae has the police in his pocket. He had thus not been prosecuted for his “illegal” dealings in acquiring the M40 million which he now claimed had been stolen from him by Mr Thahanyane and others.
She claims the DCEO’s investigations into Mr Moroahae’s “shoddy business dealings” were usurped by Mr Molibeli to divert attention to Mr Thahanyane and his co-accused.
She accuses Mr Moroahae of conniving with Mr Molibeli to “fabricate” charges that she, her husband and others had stolen the M40 million to hide its true origins.
“As a result of the scheme of the former Commissioner of Police and Thabiso Moroahae, simulated allegations and assertions were conjured up by police officers who derived benefits from the arrangement and unethical behaviour coloured by fraud, corruption, bribery and money laundering.
“The idea behind these structured allegations was to conceal or disguise the origins of the wealth of Thabiso Moroahae but at the same time portraying him as a successful businessman who had been defrauded by Tumisang Thahanyane.
“This was a plan anticipated to mislead the courts of law and public in general. It was designed to raise as much dust as possible in the hope that the DCEO will be blinded and drop the contemplated preservation and forfeiture of the properties of Tholo Energy.
“As will be clear in the near future, DCEO and other law enforcement agencies are bound to investigate Thabiso Moroahae with a view to instituting criminal proceedings..…
“The wealth of Thabiso Moroahae was not derived from lawful business activities, hence he opted to pocket the police before he could be charged for economic offences and commission of organized crimes.
“In the way the Police and Thabiso Moroahae operated to secure the preservation order, the idea was for the police to assume the legal mandate of DCEO in the course of ongoing criminal enterprises that (sic) are being conducted by Thabiso Moroahae .
“I cannot refrain from commenting about the relationship of the former Commissioner of Police and Thabiso Moroahae and the abuse of power on the part of the police. Notably this is yet another factor that will manifest itself in the outcome of criminal proceedings or investigations that DCCEO is embarking on with a view of instituting criminal proceedings.”
She claims that “false representations” were made before Justice Banyane resulting in her attachment order. According to Ms Khutlisi, internal audit reports of Tholo Energy were concealed from Justice Banyane which could have shed light on the “fraudulent” activities of Mr Moroahae.
“What Thabiso Moroahae has done in this matter was to sneakily introduce allegations which are entirely different from the contents of the internal report.
“I apply for the rescission of the order depending on the nature of the errors which appear from the record of the proceedings. It was not legally competent for the court to have made the preservation order had it been aware that the authors of the internal audit had been hoodwinked into signing a jurat of the affidavit without subscribing their views to the affidavit.
“I confirm that the mandate of Thabiso Moroahae to Thabang Lerata (Tholo Energy auditor) did not extend to filing of the internal audit report to court proceedings or for any other use outside the scope for which it was intended.
“This is essentially a restatement of the position of the law, and the report says so itself. This is sufficient cause for rescission and I also refer to the affidavit of the said Thabang Lerata in terms of which he has filed an affidavit resisting the abuse of the internal audit report in this case.
“The purpose of this application is to apply for the rescission and exclusion of my business from the implications of the forfeiture order and or preservation of property order. In addition, I categorically seek interdictory protection pending finalization hereon. The rogue police had omitted to mention facts which would have allowed the duty judge (Banyane) to make an informed decision.”
