The High Court heard yesterday that Andrew Motsamai authorised a P2 million liability contract that bound Babereki Investments, the Botswana Public Employees’ Union (BOPEU) company, to unconditionally honouring claims of up to P2 million from a supplier of electronics, Boditse PTY LTD.
Motsamai is the former BOPEU president and chairperson of Babereki, its business wing,
Bopeu and one of its business partner in electronics retailing, known as Future Sustain and its managing director, Benjamin Raletsatsi yesterday appeared before Justice Michael Leburu, of the Gaborone High Court, where they vehemently opposed the P2 million liability claim as Boditse sought a summary judgement against BOPEU and Raletsasti, who on the other hand pleaded with Court to take the matter for a trial since they believe they have a watertight defence against the claim. Judgement is set for September 15.
Raletsatsi and BOPEU pleaded with the court to order that the matter go for trial since they believe they have legitimate defence.
Raletsatsi was the promoter and managing director of cellphones and electronics entity, Future Sustain, in which Babereki Investments later invested. Through his attorney, Ndulamo Murimo, Raletsatsi who appeared as the surety to Future Sustain, now in liquidation, told the court that Boditse had no legitimate monetary claim to make against him as the surety, since he had evidence that Future Sustain had not only paid its dues to Boditse, but had even overpaid by over P600,000.
According to Raletsatsi, the monies paid to Boditse by Future Sustain were in relation to the P1.4 million for stock supplies that the supplier (Boditse) had entered into an agreement with Future Sustain for. Standing for BOPEU’s commercial wing, attorney Dutch Leburu argued that BOPEU would not be forced to pay for the P2 million liabilities even
Attorney Leburu also argued that Boditse had not furnished the court with the full story of payments made to it, arguing that lists of payments made to Boditse had been concealed.
Leburu further said, while Boditse claims it is owed some P1.4million, Babereki Investments says the company is not entitled to the claim since there is documentary proof that they have been paid.
Leburu also challenged the authority of Andrew Motsamai to enter into such a contract, as there was evidence that Motsamai had not been authorised by the Board to sign the contract.
Attorney Abel Modimo, representing Boditse told court that BOPEU’s company, Babereki Investments had signed as the guarantor of the P2 million liabilities that they will pay up to P2 million when a demand is presented.
Attorney Modimo argued that the contract clearly said Babereki Investments would pay without asking any questions, without checking for any facts, without a dispute, adding that the only condition of payment was presentation of invoice. Modimo described the contract signed by then chairperson of Babereki Investment, Motsamai, as Carte Blanche, Liquid Contract, and Absolute.
Attorney Modimo further said he was not here to discuss whether the contract signed by Motsamai was null and void.
He also challenged both Raletsatsi and Babereki Investments to prove their case that they paid for. “ They must show they have paid, not just throwing in this document and hope court will assist them.”