BOPEU counter-punches: demands P20m from Motsamai
Oarabile Mosikare | Friday January 26, 2018 18:42
Motsamai had in November 2017 slapped his former employer with a claim of P2,101, 456.01 plus 10% interest. The former president of Botswana Public Employees Union (BOPEU), filed his suit before Justice Abednego Tafa after his contract was controversially terminated on September 11, 2017.
In turn, Babereki Investments, a subsidiary of BOPEU, through their attorney Dutch Leburu, stated that had a bona fide counterclaim in excess of P20,000,000 against Motsamai.
The company admitted to the termination of Motsamai’s fixed-term contract before the agreed timeframe.
They also admitted to the payment of P1,245, 185.57 as part payment of the settlement amount for damages for termination of the contract before the agreed prescribed period.
Babereki Investments claimed that at the time of the payment of damages to Motsamai, they were not aware of the full extent of Motsamai’s “exposure he made to the defendant by signing documents on behalf of the defendant without the knowledge and/or authority of the board”.
Furthermore, the company said it was not aware of the breach of the fiduciary duty by the plaintiff in the performance of his functions as director of the defendant’s company.
Also, Babereki Investments submitted that it was also not aware of “the extend of the loss occasioned by the decision taken by the plaintiff resulting in substantial loss of damages running into several millions as evidenced by an audit report by Ernst and Young”.
The defendant prayed that the claim by Motsamai be dismissed with costs. In terms of the statement of account, the total monies due to the plaintiff comprising leave pay, balance of the contract, and gratuity amounted collectively to P3,346, 641.37.
In terms of the statement, the defendant proposed to pay a total as at October 5, 2017 being the sum of P2,490, 371.15 and two equal instalments of P1,245, 185.57. “The defendant till to date has not fulfilled the said payment plan and has only paid P1,245, 185.57.
The defendant has up to date failed, refused and/or neglected to pay the remaining balance of P2,101, 456.01 despite lawful demand from the plaintiff’s attorneys of record…” Motsamai’s attorney Gabriel Kanjabanga wrote.
He therefore attached copies of letters of demand dated November 2, 2017, November 3, 2017 and November 17, 2017.
Kanjabanga also demanded 10% collection commission, cost of suit and further or alternative relief.