The Government has denied ever paying renowned South African prosecutor Advocate Gerrie Nel for his involvement in the controversial “Butterfly” case, saying he rendered his services free of charge.
Former President, Kgosi Ian Khama IV, had sought clarity from the Minister of Justice and Correctional Services, Nelson Ramaotwana, regarding the state’s engagement of Nel in the high-profile case.
The Minister said Advocate Nel was not paid a single thebe for his services, explaining that his work was conducted on a pro bono basis, “meaning that there was no charge as the work was considered to be for the public good and therefore free of charge.”
Khama has been at the centre of the Butterfly case – a complex and politically sensitive matter involving allegations of money laundering and state looting. Khama has always raised concerns over how the case was handled and the roles played by various law enforcement and prosecutorial figures.
Pressed on whether Nel was owed any outstanding fees, Ramaotwana maintained that “nothing is due to Advocate Gerrie Nel.”
Khama also questioned why the state saw it necessary to engage Nel in the first place if, as the government claims, the case was initiated purely by domestic law enforcement agencies without external influence. The Minister responded by saying that the Directorate of Public Prosecutions (DPP) engaged Nel solely based on his legal experience and track record as a former state prosecutor. His appointment was facilitated through Hurter Spies Attorneys in South Africa.
On the issue of evidence allegedly manufactured by Directorate on Corruption and Economic Crime (DCEC) officer Jako Hubona – whose affidavit formed the backbone of the Butterfly case – Khama asked the Minister whether the state intended to prosecute Hubona for perjury, as directed by the High Court.
“The report is still to be sent to the Botswana Police Service for investigations that will inform the course of the law,” said the Minister. “Currently the DPP has not received any docket from any law enforcement agency in respect of Mr Jako Hubona to assess with the view to initiate prosecution.”
Khama further questioned why the state had not disclosed an affidavit from the Bank of Botswana denying any funds were stolen under their watch – information he argued could have prevented the prosecution of an innocent person. The Minister did not directly address the affidavit but reiterated that investigations were ongoing and that no person is presumed guilty until proven so in a court of law.
The Minister also revealed that no apology or compensation has been offered to any individual wrongfully implicated in the Butterfly case, stating: “There are ongoing cases for defamation in respect of this matter and so far the State has not apologized or compensated anyone.”
Asked if any action had been taken against individuals who assisted Hubona in allegedly fabricating evidence, the Minister said no such steps had been taken and repeated that investigations were still underway.
On whether anyone in the current administration remains in contact with Gerrie Nel, Ramaotwana simply replied: “I am not aware if there is anyone in the current administration who is still in contact with Gerrie Nel.”
