Infotrac scoffs at Debswana ‘reputation card’
Mpho Mokwape | Monday July 17, 2023 06:00
Debswana and Infotrac came face to face at the Court of Appeal as the former tried to redeem its ‘reputational embarrassment’ after suffering a P110 million loss in a spying lawsuit against the latter.
Infotrac did not have it with the diamond company playing the reputation card in court arguing that Debswana long lost its reputation when it installed spy cameras in employees’ toilets and vehicles. Strongly opposing Debswana’s appeal for the lawsuit to be overturned, lawyer Kgosietsile Ngakaagae representing Infotrac came gun blazing on the mining giant’s reputation intensely disputing its claims that it was a reputable company that thrived on good reputation and good governance.
Countering Debswana’s claims, Ngakaagae highlighted to the court a series of violations and cases involving Debswana, including allegations of human rights violations, which he said had long shattered the mining company’s reputation. To further disregard Debswana’s claim of being a reputable company, Ngakaagae gave examples including what they alleged was the installation of surveillance cameras and spying on employees’ toilets and vehicles among others. “Debswana had demonstrated a flagrant disregard for privacy and ethical boundaries and cannot come before the court and claim the moral high ground. There is no reputation here to talk about,” he said.
He passionately argued that the mining giant could not speak about good governance, procedures or best practices in light of the evidence against it pointing to a catalogue of violations. Ngakaagae alleged that Debswana had engaged in practices that were outright human rights violations, asserting that the diamond giant’s management would go to great lengths to secure their premises even at the expense of infringing upon workers’ rights. “Debswana’s actions were well-known to the public and they cannot rely on its reputation as a defence as it no longer holds any credibility,” he said.
Debswana’s Appeal
John Carr-Hartley who represented the mining giant, Debswana, passionately defended the company against allegations of what he perceived as impropriety and not fair. The mining giant lawyer argued that claims made by Infotrac could not be true because Debswana was a reputable company committed to upholding its reputation and adhering to good governance procedures. “Debswana is a big company and management cannot have been involved in any shady, clandestine, dishonest, or unprocedural agreements with any company,” he explained. In his argument, he sought to establish the company’s commitment to good governance and strict procurement rules, firmly refuting any accusations of what he deemed as wrongdoing. Carr-Hartley laid out to court a detailed account of Debswana’s adherence to established protocols and transparent procedures, arguing that the company’s management was dedicated to upholding the highest standards of professionalism and ethical conduct. He pointed out Debswana’s commitment to good governance at the top of the list while discrediting any claims suggesting that the company had engaged in any irregularities or improprieties. “My Lord there is no way my client could have engaged in such an agreement because everything is done above board,” he emphasised when challenging Infotrac’s evidence. The mining giant went on to make arguments aimed at shaping the court’s perception of Debswana as a reputable organisation with an unblemished record, committed to maintaining the highest ethical standards. He explained that in the whole debacle, Infotrac acted in bad faith and as such there was nothing credible about what the company was accusing them of therefore the ruling be set aside. Debswana wanted a 2022 ruling to be overturned where former judge president of the High Court Abednigo Tafa ruled that it should pay Infotrac P110 million for backdoor dealings that took place in 2018 that involved lobbying powerful personalities. The lobbied personalities were said to have included the then Vice President, Mokgweetsi Masisi and others in favour of the appointment of a new managing director for the diamond giant.
Justice Walia and Ngakaagae clash
While emotions were high and the two parties were going at each other in defence of their brands, tension between CoA judge Lakhvinder Singh Walia and Infotrac lawyer, Kgosiitsile Ngakaage was another highlight for the case. Ngakaagae was taken over by what he alleged was the judge’s bias against him. The tension erupted when Justice Walia bombarded him with questions without giving him a chance to answer any. Justice Walia was questioning Ngakaagae pointing out what he perceived as inconsistency in his arguments, therefore, seeking further clarification. A visibly upset Ngakaagae decided to address Justice Walia directly and expressed his concerns, questioning the purpose of his presence in the courtroom if he was going to be disqualified from answering or if his responses would be dismissed by the judge even before he spoke. “My Lord there is a problem if you are going to ask me questions and then interject before I even answer. Making comments that you don’t see how I will escape or navigate myself out of your questions is not fair. What then is the point of me being here when I am not even allowed to answer questions posed by you?” he asked. Despite earlier going at each other to the point that Justice Walia remained silent, Ngakaagae accused him of deviating from normal court practices to discredit him. He pointed out his unfairness in asking him questions and then not giving him the opportunity to respond accordingly. Judge President Tebogo Tau had to intervene to calm the situation.
Infotrac’s case
According to the case, by 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 and interest at 10% per month from the date of the 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’s managing director contended that it was engaged by the diamond giant to provide consultancy services to ensure that the deceased Albert Milton was appointed the Managing Director of Debswana. The consultancy services, according to the evidence of Mompoloki 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 the board of audit committee chairperson. The anonymous tip-off alleged a romantic affair between the late Milton and one Candy Godie, an employee of 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 the late 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. The ruling is reserved for August 4.