Kgosi, ‘Butterfly’ left in Limbo

Despite court orders and reported settlement efforts, the restitution cases involving the late Isaac Kgosi’s estate and Welheminah Maswabi remain unresolved. The High Court has already ordered the release of assets belonging to the late Kgosi, following a consent agreement between the estate and the Directorate of Public Prosecutions, effectively concluding years of litigation that began before his death. The agreement was finalised in November last year before Justice Onkagetse Pusoentsi under the High Court of Botswana.

However, implementation has stalled, with the estate yet to recover all listed assets. In an interview with this publication, family lawyer Thabiso Tafila said the family is now considering contempt proceedings. “Despite a court order, the family is yet to recover Kgosi’s assets but we are now faced with a contempt of court case.

We don’t even know where his assets are and the condition they are in,” Tafila said. The State has maintained that some of the properties remain suspected proceeds of crime under the Proceeds and Instruments of Crime Act, raising legal uncertainty over whether full compliance with the consent order is possible. The contested estate includes substantial holdings seized in 2019: farmland at Sentlhane, a Phakalane residence, luxury vehicles, livestock including hundreds of cattle, and P549,763.07 in cash.

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The assets were initially frozen under an ex parte order granted by the High Court to preserve property pending investigation into alleged proceeds of crime. Legal representatives for the estate have accused State authorities of failing to honour the settlement agreement, arguing that continued withholding of assets amounts to contempt of court. In a separate matter, Welheminah Maswabi, codenamed “Butterfly,” remains without restitution despite earlier indications of settlement and political acknowledgment of her alleged mistreatment by the State.

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