Modenga embroiled in another fraud scandal
Lebogang Mosikare | Friday September 15, 2017 13:38
This time, Pabalelo Hill through his lawyers, Olatotse Solomon Attorneys has instituted a claim to recoup P73,500 and P30,000 plus interest from the civic leader.
According to the particulars of the claim that were filed before Justice Lot Moroka, on December 3 in 2015, Hill entered into a written contract of lending and borrowing of P43,500 with Modenga.
The particulars of the claim read: “The plaintiff was to loan the defendant the aforementioned amount in two installments of P23,500 paid on the same day of signing the agreement, and an amount of P20,000 to be deposited to the defendant on December 4, 2015.”
Should the defendant, the particulars further read, breach the agreement; the loan would accumulate 10% interest per month from the date of breach until the matter is finalised.
“…As per the agreement, the plaintiff loaned the defendant P23,500 immediately after signing the agreement. The balance of P20,000 was deposited into the defendant’s bank account on December 4, 2015. The Plaintiff prays for payment in the amount of P73,500 and 10 percent interest from December 11, 2015 until the final date of final payment, costs of suit on attorney-client scale and further or alternative relief,” the particulars of claim read.
As that was not enough, Hill lent Modenga, another P30,000 on December 8, 2015.
The P30,000 was to be paid by two installments of P20,000 and P10,000 and was supposed to be repaid by December 11, 2015 as per Hill and Modenga’s written contract.
“…The defendant failed to fulfill his obligation in that he failed to effect payment by December 11, 2015. The defendant defaulted to effect the said payment but rather kept on asking for more loans from the plaintiff … Despite the lawful demand the defendant has neglected and or willfully refused to effect payment of the aforesaid amount,” the claim further reads.
Yesterday, attorney Mariam Mokgethi for Hill appeared for a rule nisi in the matter. However, for reasons unknown to the applicant’s attorneys, Modenga was conspicuous by his absence in court. Mokgethi told the court that they found it difficult to locate Modenga despite numerous efforts to locate him.
“We will try to find him for the last time failure to which we will explore other options. We pray for the rule nisi to be extended,” said Mokgethi.
Justice Moroka then extended the rule nisi to November 23.
Modenga is not new to controversy. He was dethroned as the deputy mayor of Francistown early this year for failure to attend council sessions due to ill-health. He also allegedly swindled one Karabo Nkwai of P45,000 by claiming that as the deputy mayor of Francistown, he would use his position to facilitate that Nkwai be allocated two plots owned by the FCC while he knew that to be false.
In July, the BDP’s elective conwas overshadowed by Modenga’s arrest after police officers from Gaborone pounced on him at the congress shortly after he cast his vote.
The police arrested him because he allegedly failed to honour several appointments they agreed with him in relation to four counts of obtaining by false pretences that he allegedly committed.
The BDP councillor also has other pending cases of obtaining by false pretences in Francistown.
In June last year, Mmegi reported that crime busters from the Directorate on Corruption and Economic Crime (DCEC) were investigating Modenga and some FCC employees on allegations related to illegal selling of Self Help Housing Agency land in the city.