GABORONE — Botswana’s Broadhurst magistrate, Faith Ngandu, has heeded the accused’s plea to recuse herself from a case in which a former Zimbabwe Defence Force soldier, Limukani Moyo, is facing charges of obtaining a work permit by false pretence and unlawfully staying in Botswana.
Moyo (45) allegedly defrauded people claiming to be a lawyer and unlawfully remained in Botswana after the expiry of his visitor’s permit in 2012.
Ngandu on Wednesday said the decision to recuse herself from the case followed a written request by the accused, adding Moyo’s application contained “false allegations against myself and my family”.
“I have to recuse myself even though the allegations are false. They are motivated by the reason that I have denied the accused bail, even though I have advised him several times to approach the High Court if he is not happy with my decision,” she said in her ruling.
The magistrate said the accused has fabricated the story against herself and her family.
“He has concocted the story against myself and my family. I will recuse myself from this matter, not because the allegations are true, but before I say things that will reduce me to the level of the accused,” she said.
“I have referred the matter to the regional magistrate who can preside over the case or assign it another magistrate.”
Meanwhile, before the magistrate made her ruling on the recusal application, the accused labelled the investigating officer Detective Senior Superintendent Sergeant Marapo “incompetent”.
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The accused’s real identity has been a questionable subject over the previous mentions, forcing the prosecution to approach Interpol office in Zimbabwe to verify his real identity.
However, the accused said Marapo has all the information he claims to be investigating from Interpol, but wants to delay the course of justice.
“You are here again lying under oath. You are not doing any investigations. Mr Marapo is wasting the court’s time. He is unnecessarily prolonging the prospect of trial coming into effect. He is incompetent,” Moyo said .
However, Marapo pleaded with the court to give them time to investigate the accused.
In response, the magistrate said the prosecution has to be given all the time it needs to investigate the matter.
The case was remanded to September 19 for continuation of trial. — Mmegi Online
