—businessman Ketso’s bank account with millions frozen in SA
Moorosi Tsiane
FORMER Local Government and Cabinet Principal Secretaries, Nonkululeko Zaly and Thabo Motoko, were the masterminds in the embezzlement of about M37 million in state funds during the state of emergency declared by former Prime Minister, Moeketsi Majoro, after the country experienced severe floods in 2021.
This is according to court papers from South Africa in a case in which an account, containing millions, and belonging to businessman Ketso Baba Ketso has been frozen.
According to the papers, the former Disaster Management Authority (DMA) chief executive officer, Makhotso Mahosi (now deceased), had allegedly told the Directorate on Corruption and Economic Offences (DCEO) that Ms Zaly and Mr Motoko had “awarded tenders to their friends” in exchange for M1 million bribe. The tenders were to rehabilitate the roads and bridges which had been destroyed by heavy floods in 2021.
Ms Mahosi said she had only played the role of claiming the funds from the government and paying the “friends” who had been awarded the tenders.
This is all according to a South African High Court judgement issued on 22 February 2024 by Justice Soma Naidoo.
In the judgement, the Free State High Court Division, in Bloemfontein, found against Ketso Baba Ketso, who is one of the tender recipients from Ms Zaly and Mr Motoko.
THe National Director of Public Prosecutions (NDPP) had applied to the High Court for an order freezing of Mr Ketso’s Maru-a-pula business account containing R3 820 000.
Mr Ketso and Maru-a-pula were the two respondents respectively in the NDPP application. He had opposed the application but lost.
The freezing of the account was done at the request of the DCEO which is being assisted by the South African Directorate of Priority Crime Investigation (DPCI) in Bloemfontein to investigate this matter.
According to the judgement, evidence placed before court by the DCEO and DPCI indicated that tenders were awarded without following proper procurement procedures and monies were paid when they were not due.
“One of the main beneficiaries of the unlawful tender was an entity known as Maru-A- Pula Mining Construction (Pty) Ltd) (Maru-A-Pula Mining). Investigations revealed that the Principal Secretary in the Ministry of Local Government and Chieftainship (MoLGC), Nonkululeko Zaly, unlawfully and irregularly engaged a company called Kypros Engineering (Pty) Ltd (Kypros) to oversee the road rehabilitation work,” the judgement reads.
“Kypros engaged Maru-A Pula Mining to do the work. It was found that Kypros and Maru-A-Pula Mining were wholly owned by Phoenix Investments (Pty) (Ltd), which in turn, is wholly owned by the first respondent (Ketso).
“The Disaster Management Authority was tasked with coordinating the various processes and procurement, as well as paying contractors for services rendered. Zaly by-passed the procurement office (DMA) in engaging Kypros, as her department was not authorised to procure services.”
It is further stated that Maru-A-Pula Mining received an amount of M5 538 192 from the DMA on 1 November 2022. Prior to this, its bank balance was M43.55.
“On 14 December 2022 the investigating team received information that an amount of M3 820 000 was being transferred to a South African First National Bank account being held by the Maru-A Pula Group. This was done on 15 December 2022. There were numerous findings by the investigators in respect of the road rehabilitation project in Lesotho, which catalysed the launching of the preservation application,” the judgment read.
“After numerous interviews and other investigations, it was found that in November 2021, Zaly purchased property in Lesotho, in respect of which she made various payments. On 2 December 2021, Kypros received an amount of M7 086 240 from DMA in its bank account, which at that stage had a balance of M124.
“On 10 December 2021 Kypros transferred an amount of M250 000 into the trust account of an attorney in Lesotho, for the benefit of Zaly. The attorney issued a receipt with the reference ‘Kypros Engineering (Pty) Ltd House Purchase Payme’ (sic). The cashier who was employed at the attorney’s office, and who issued the receipt, confirmed this payment and that it was made in respect of the property purchased by Zaly.
“What emerged is that the first respondent (Ketso) is alleged to have paid bribes to the Chief Executive Officer of the DMA, Makhotso Mahosi. Mahosi was interviewed on 12 December 2022 by senior officials who were part of the investigating team. She advised the investigating team that Zaly had told her that she and the Principal Secretary — Cabinet, Thabo Motoko, had offered tenders for the road rehabilitation to their friends’ companies. They would receive M1 000 000 for awarding the tender.
“Mahosi’s role was to request government funds to pay these companies and she too would be compensated in the amount of M1 000 000. Mahosi did request such funds in about March/April 2022, for which the first respondent (Ketso) paid her M500 000, with the promise that the balance would be paid later, after he received the next payment.
“She was afraid to use the money, and hid it in her home. She agreed to take the police to her home and point out the money, which she did. The police found the money hidden in two separate bags, and seized the money.”
The DCEO raided Ms Ha Matala as well as her 75-year-old mother, Majeremea Mohlabane’s Mafeteng homes on 12 December 2022 and confiscated the half a million. The money was found in a kit in Ms Mohlabane’s bedroom in Matholeng, Mafeteng.
Ms Mahosi had immediately rushed to the Lesotho High Court to have the money returned. She had also argued that it was also illegal for the DCEO to have raided and searched her house and that of her mother without a search warrant. However, her case was eventually dismissed by Justice Polo Banyane in September 2023.
Meanwhile, Ms Zaly and Mr Motoko were hauled before the Maseru Magistrates Court on 10 March 2023 charged with eight counts of fraud, corruption, money laundering and bribery.
They were charged alongside Ms Zaly’s successor in the Local Government portfolio, Lefu Manyokole. Mr Ketso and his companies Kypros and Maru-a-pula, Mooka Namoli, Setofolo Ramarou, Pule Thoahlane, Chipo Hulela, Keketso Makoko and other companies. Gee M Construction and Botselo Pty Ltd were also charged.
They were all released on M20 000 bail on conditions that they do not interfere with Crown witnesses, attend remands, do not interfere with police investigations and stand trial to finality.
Messrs Namoli, Ramarou and Thoahlane were on 20 March 2023 slapped with four additional charges of fraud, corruption, money laundering and bribery. This matter has since been moved to the High Court where it is pending trial.
However, Ms Mahosi was killed along with her 11-year-old son, during a failed robbery. The assassins were allegedly hired by Mahosi’s driver, Mahlanka Matsipa, who had believed Ms Mahosi had stashed millions in her Ha Matala home. Matsipa was arraigned alongside Mpho Neo Taelo (24) and Mohau Ramookho (32) and charged with two counts of murder and attempted murder, theft and being in possession of two illegal firearms in the Maseru Magistrates Court in November 2023. They are yet to stand trial in the High Court.
