Masisi’s sister tells nephew: ‘You’re imagining things’
Sharon Mathala | Monday May 15, 2023 06:00
Following her failure to strike off the matter technically before court, Boitumelo Phadi-Mmutle has finally taken a plea and answered allegations her nephew made against her.
The first family dispute, which has allegedly angered President Mokgweetsi Masisi, involves the Goodhope Sub-District water supply scheme 2.2 contract for P549.6 million, which was a joint venture between G&M Building Services (Proprietary) Limited and Tianyuan Construction (Tianyuan). In fresh papers filed this week, the President's sister and her business associates deny any association with Pilane, the nephew.
“The plaintiff (Pilane) does not show any evidence of this allegation, nor does he show who he took over shares from. He does not state how much the alleged price of the shares was and how this was payable. This demonstrates that he was never a shareholder of the first defendant (G&M Building Services),” the aunt said when responding to the point raised by the nephew that he was cheated out of the company they shared as a shareholder.
Phadi-Mmutle further states that the fact that Pilane's name may have appeared as a shareholder at the time of re-registration does not mean he acquired the shareholding in the first place.
Turning to the allegations that the dispute began when he was asked to donate to the Botswana Democratic Party (BDP), the President’s sister replies that his nephew is imagining things.
“The fourth defendant never gave any unreasonable and or unlawful instructions to the Plaintiff as alleged or at all. What the plaintiff states is simply a figment of his imagination, to try and appear the victim, which is most unfortunate and untenable,” the court papers read.
Phadi-Mmutle also states that the fact that, “The particulars of such statements are not stated, shows that the plaintiff is not being candid with the above honourable court.”
Still denying that she instructed Pilane to donate to the BDP, Phadi-Mmutle says: “This is an afterthought meant to scandalise the fourth defendant and Mmutle.”
On the allegation that he had turned up to a meeting with an unnamed top Directorate of Intelligence and Security (DIS) official, and threatened Pilane to resign from his company after winning the half-a-billion pula tender, Phadi-Mmutle says her nephew is only imagining things and dares him. “The plaintiff is out to the strict proof of these allegations.
“The plaintiff resigned voluntarily and ceded his shares as he had failed to pay for such shares. There was no coercion from anyone as alleged by him. There was never any threat from Mmutle as alleged or at all. The plaintiff’s decision to resign was his own and not forced by anyone,” further reads the documents.
Masisi’s sister further states that her nephew is not entitled to any 40% share because “he has failed to demonstrate that he was ever a shareholder of the 40% shareholding, or entitled to 40% shareholding, in the first defendant.”
Details surrounding the controversial Water Utilities Corporation (WUC) tender for the Goodhope Sub-District water supply have raised questions about how the first family, the BDP, and the DIS alleged involvement in government tenders.
The ongoing court battle over the government tender has exposed Masisi's family war to the public. Pilane claims that: “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 by paying Pre Con some money to the BDP at tender stage,” further reads papers filed by Pilane.
The nephew also alleges that after refusing to give the 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 Phadi-Mmutle 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 enlisted by the director of DIS Peter 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. However, Pilane says he 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 P549.6 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.