Court hands spy firm P110m win
Mpho Mokwape | Monday June 13, 2022 06:00
Infotrac through its managing director Mompoloki Motshidi claimed that it was owed for various deep undercover services provided to Debswana which included the alleged spying on the union and lobbying the likes of the late Linah Mohohlo and ex spy chief Isaac Kgosi to ensure that the late Albert Milton was appointed the Debswana managing director.
The judge President of the High Court Abednigo Tafa yesterday ruled in favour of the spy company in a judgment that embarrassed Debswana.
"At any rate, there is evidence that Infotrac had previously dealt with the security department of Debswana and on the evidence adduced on behalf of the plaintiff which I believe without reservation, I am satisfied that the plaintiff has proved its claim on a balance of probabilities,” he said.
The judge explained that in the case instant, the diamond giant could not assert against Infotrac that its General Manager and/or Head of Security and Human Resources Manager did not have authority to engage it when they customarily have such authority.
He emphasiaed that on the evidence before court he had no reason to hold that the company’s director must have known, or at least, have had good reason to believe that the necessary steps had not been taken especially the internal procedures relating to procurement.
“There is no evidence that Motshidi acted in bad faith. I do not agree with Carr-Hartley, learned counsel, that the Group Head of security would not be expected to enter into contracts of this nature. It was also conceded by Debswana witness that Mpho Kewakae was part of the Executive. A contract to provide classified Services is within the scope of his apparent authority,” he said.
Judge Tafa said there was no doubt in his mind that the sum claimed was a large amount but noted that when one has regard to the Debswana business and stature, there was nothing improbable about the amount of the contract fee being claimed.
He explained that from the evidence he was satisfied that indeed Infotrac was engaged by Debswana with the blessing of the late Milton, and that the evidence of Motshidi supported that of the company as it got confirmation from the late Milton that indeed the company was owed.
According to the case, by a way of summons issued on June 10, 2020, Infotrac was seeking relief against the diamond giant for payment of the sum of P110 000.000.00 and interest at 10% per month from the date of breach to the date of full and final payment and costs of suit.
Infotrac’s claim aroused from an alleged oral consultancy agreement entered into between Debswana and the company.
The company through its managing director contended that it was engaged by the defendant to provide consultancy services to ensure that the deceased Milton was appointed the Managing Director of Debswana.
The consultancy services, according to the evidence of Motshidi involved lobbying and engaging stakeholders. It was said in court that sometime in December 2017, a tip off was received by Debswana through its established channels for whistle blowing.
The tip off was forwarded to the diamond giant’s then managing director, Balisi Bonyongo and also Board of Audit Committee Chairperson. The tip off, which was anonymous in nature, alleged a romantic affair between the late Milton and one Candy Godie, an employee of the Debswana.
It was resolved that the alleged affair be investigated and Infotrac was appointed to investigate the alleged affair and any favouritism which might have been shown by Milton to Godie in the workplace, as a result of the alleged affair.
Infotrac then carried out the investigation and submitted its report for which it was duly paid. It was during the investigation that a company was engaged to carry consultancy services for the disputed court subject work.