DIS arrest costs me many contracts – Matsheka
Mpho Mokwape | Monday November 27, 2023 06:00
The former Finance Minister, who was arrested on August 2, 2022, by DIS officers, its support staff, and members of the Botswana Police Service (BPS), is suing the State for general damages in the sum of P19, 160, 800 raising stakes from an initial P10, 720, 000 quoted in his summons.
In a recent filing Matsheka had to go deeper into explaining the losses his consultancy company suffered after his arrest and why his company is demanding P8, 560, 800. Matsheka says his company at the time of his arrest, detention and alleged public humiliation by the DIS lost many contracts including a P3m one from Choppies Cash and Carry (Pty) Ltd. “As a shareholder, Fiducia directly suffered when my reputation and standing in the business community were tainted or diminished. Fiducia was pursing many contracts which were supposed by all indications to be shortly executed, but many pulled out,” he said.
Matsheka, who who is not standing for elections in the 2024 General Election said he is a shareholder therefore, serves as the face or representative of the company and thus the company directly suffers when his reputation is damaged and that he was directly affected by the loss of business.
He submitted that he is suing in his personal capacity and as a result of the wrongful and unlawful acts of the DIS officers, police officers and support staff, as a shareholder. Matsheka indicated that he suffered loss of income in the sum of P8, 560, 800. Matsheka, in conclusion broke down the contracts he lost as a result of his arrest and said the sum of P8, 560, 800 was arrived at as that;
*Choppies Cash and Carry (Pty) Ltd/Choppies Distribution Centre (Pty) Ltd Contract
The former Finance minister said the company (Fiducia Services) was at the time of his arrest pursuing a contract for consultancy services with Choppies Cash and Carry (Pty) Ltd/Choppies Distribution Centre. He explained that the said contract was for an amount of P1, 078, 560 per annum for a period of three years, a total amount of P3, 235, 680. “All indications were that the contract was to be shortly executed. Upon my arrest and detention and public humiliation, Choppies Cash and Carry (Choppies Distribution Centre) was no longer interested in concluding the contract and stopped taking calls,” he said.
*University of Botswana contract
The company had as at the time of arrest tendered for consultancy contract for an amount of P840, 000 per annum for a period of three years, a total amount of P2, 520, 000 with the University of Botswana and had reasonable cause to believe that it had presented an acceptable bid. Matsheka submitted that after his arrest University of Botswana retained the current provider, a non-citizen company even though his company Fiducia Services as a 100% citizen-owned company reasonably ought to have been the preferred bidder over the current provider.
*Senn Foods (Pty) Ltd contract
The Lobatse legislator said Fiducia Services wa also pursuing a contract for consultancy services with Senn Foods at the said amount of P149, 760 per annum for a period of three years, a total amount of P449 280. “All indications were that the contract was to be shortly executed. Upon my arrest and detention and the public humiliation, Senn Foods company was no longer interested in concluding the contract and terminated negotiations,” he said.
*Botswana Public Employees Union (BOPEU) contract
At the time of his arrest, Fiducia Services was pursuing a contract for consultancy services with BOPEU and that the said contract was for an amount of P85, 020 per annum for a period of three years, a total amount of P255, 060. Matsheka explained that by all indications the contract was to be shortly executed and that upon his arrest, detention and public humiliation, BOPEU was no longer interested in concluding the contract and terminated negotiations.
*Botswana Geoscience Institute (BGI) contract
He noted that the Fiducia Services company was at the time of the arrest pursuing a contract for consultancy services with the Botswana Geoscience Institute and the said contract was for an amount of P285, 120. Matsheka said by all indications were that the contract was to be shortly executed and that upon his arrest, detention and public humiliation, the Botswana Geoscience Institute was no longer interested in concluding the contract and terminated negotiations.
*Civil Aviation Authority of Botswana (CAAB) contract
Matsheka said his company was as the time of the arrest tendered for a consultancy contract for an amount of P840 000 per annum for a period of three years with CAAB and had reasonable cause to believe that it had presented an acceptable bid. “After my arrest, the client (CAAB) appointed another provider, a non-citizen company, even though his company Fiducia Services was a 100% citizen owned company reasonably ought to have been the preferred bidder over the current provider". Meanwhile, Matsheka in his main pending lawsuit says he was taken into custody without a warrant, detained unlawfully, treated as a dangerous criminal and as a flight risk, while there were no reasonable grounds for the murder offence. “The arrest was effected in bad faith in full view of members of the public and journalists, which were intended to humiliate and injure my feelings. Same was therefore without justifiable cause, malicious, wrongful, unlawful and injurious,” he said. As a result, Matsheka has taken action against the government, the Director General of the DIS Peter Magosi and the Commissioner of Police, Pemelo Ramakorwana for the perp walk among other grievances.