Newsflash: Ronald Lamola: SA to oppose Afriforum’s application in Botswana money laundering case

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Until now, the South African government has reacted with a sentence or two to the appointment of Afriforum by the Botswana government to push South Africa to react to its case for mutual legal assistance. But, on Tuesday, Justice Minister Ronald Lamola released a two-page statement via his spokesperson, Chrispin Phiri, saying it would oppose Afriforum’s application.

This is in connection with the criminal case in Botswana against a former intelligence agent in which an affidavit was filed alleging the laundering of billions of pula through the Bank of Botswana and the South African Reserve Bank. It also points fingers at Botswana’s former president Ian Khama, as well as South African businesswoman Bridgette Motsepe.

“In international law, the SADC Protocol on Mutual Legal Assistance in Criminal Matters – makes no provision for non-governmental entities to serve as intermediaries between states whether solicited or not, since bilateral relations is the exclusive preserve of sovereign nations,” he continued. Executive Director Southern Africa Litigation Centre, Kaajal Ramjathan-Keogh, said Botswana’s decision to brief Afriforum was “innovative” but unusual. She agreed with the South African government’s assertion that international law and SADC protocols stipulate that a non-state actor could not lodge a request for mutual legal assistance. “However, as Afriforum is briefed to do so by the Botswana government, the situation may be different.

 

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