Masisi’s nephew seeks P17m retribution
Sharon Mathala | Monday October 31, 2022 06:00
The battle is over the half-a-billion pula water tender awarded to Masisi’s sister, Boitumelo Phadi Mmutle and nephew Olebile Joseph Pilane through their shared company, G and M Building Services (Proprietary) Limited, listed as the first defendant in the court papers.
Other defendants are from second to fourth (Kelebogile Monnatshipi, Tswela Khumo Ventures (Pty) Ltd, and Huashi Li).
Sordid details surrounding the controversial Water Utilities Corporation (WUC) tender for the Goodhope Sub-District water supply have exposed how the first family, Botswana Democratic Party (BDP), and now the DIS are all involved in government tenders.
This is exposed in new court documents filed by Pilane’s lawyers last Friday when responding to questions raised over other court papers filed earlier. In the papers, Pilane said: “Following tendering and submission of a bid, the first defendant in a joint bid with Tianyuan Construction (Tianyuan) won and was awarded a tender for the construction of Goodhope Sub-District water supply scheme 2.2 contract for P549,699 654.70. Soon after gaining information that the first defendant had been awarded the tender, the fourth defendant started giving unreasonable and/or unlawful instructions to the plaintiff regarding the execution of the first defendant's business, which the plaintiff declined to implement.” Giving an example of one such unlawful instruction, Pilane said his aunt asked him to arrange payment from the tender money to the BDP.
“The fourth defendant had inter alia, instructed and expected the plaintiff to arrange for payment of five percent of the Goodhope Sub-District water supply tender contract sum to the BDP, which plaintiff on behalf of the first defendant declined,” reads Pilane's court papers. “The fourth defendant informed the plaintiff that for the first defendant to win the tender, such undertakings had to be made to the BDP as he has done it before for Pre Con by paying some money to the BDP at tender stage,” further reads papers filed by Pilane.
According to Masisi’s nephew, after refusing to give BDP some of his tender money, his aunt threatened him. “Upon receipt of the letter, the fourth defendant became livid and threatened the plaintiff with violence and harassment from some state security agents. "The fourth defendant instructed the plaintiff to attend a meeting concerning the affairs of the first defendant at a house in Phakalane on October 19, 2021.” Pilane also said, “He complied and attended the meeting with his aunts. At the said meeting, the fourth defendant presented a draft statement for signing by the plaintiff indicating his resignation as a director and shareholder of the first defendant. When the plaintiff indicated his refusal to sign the said draft statement, the fourth defendant and Mmutle (Masisi’s sister) uttered words to the effect that some state security agents (DIS) will ensure that he resigns from the first defendant." Bowing to pressure, Pilane signed the draft statement of resignation.
“About two weeks from the date of the meeting amongst the plaintiff, the fourth defendant and others at Phakalane, the plaintiff was listed by the director of DIS Magosi at Mochudi where he demanded that the plaintiff should surrender to him a copy of a cheque issued earlier by Pre Con to the BDP,” further reads the document. Our attempts to solicit a comment from Magosi were futile at press time as he told Mmegi in a WhatsApp conversation that he had travelled outside the country. However, Pilane kept a copy of the receipt, now using it as proof that the BDP benefited from government tenders.
“The plaintiff handed to the said Brigadier Magosi a copy of the said cheque but retained a copy for himself.” The disgruntled Pilane is seeking his 40% share of the tender proceeds.
The President’s nephew feels he was elbowed out fraudulently from G&M soon after the P550 million tender was awarded and now he is coming out with guns blazing at his aunts and other business associates for allegedly pushing him out in what he perceives as an attempt to defraud him of his share of the loot. Turning to what he is entitled to, Pilane revealed that he was deserving of over P17 million of the P550 million water tender. “The first defendants’ 40% share of the said profit would be P43,975,972.36. The plaintiff’s share in the first defendants’ profit of P43,975,972.38 (which would be the amount owed to their company from the 40 to 60% joint venture) is P17,590,388.95,” Pilane has argued.