Botswana Confederation of Commerce and Manpower (BOCCIM) President Alex Monchusi and his challenger Lekwalo Mosienyane who is also Council member and senior partner with Mosienyane and Partners Architects are at each other’s throat over debts amounting to over a million Pula. At the centre of the matter is money owed to Monchusi, Managing Director of Systems and Services Engineers (PTY) LTD.
According to papers before court sometime on the 11th July 2012, Mosienyane executed in favour for Systems and Services Engineers an acknowledgment of debt the express or implied terms being; Mosienyane acknowledged owing Systems and Services Engineers the sum of One million one hundred and eight two thousand (P1, 182, 000.00).
The court papers state that the two parties agreed that Mosienyane was to pay the said sum no later than 20 March 2013.
He acknowledged that if any of the monthly installments are not paid on due date or at the entire remaining sum would become due and payable.
The court papers also show that Mosienyane shall bear the costs on attorney and own client scale, with interest and collection commission if Systems and Services Engineers (PTY) LTD institutes action for failure of Mosienyane to effect payment. He also dully made or signed the acknowledgment of debt.
Systems and Services Engineers (PTY) LTD states that in breach of acknowledgement of debt, the Defendant had not paid the sum of P1 182 000 as per the agreement hence the whole amount has become due and legally payable.
Notwithstanding demand, Mosienyane has failed, refused and neglected to pay Systems and Services Engineers (PTY) LTD the sum of P1 182 000.00.
Monchusi’ company also wants Mosienyane to pay interest at the rate of 19 percent per annum from date default to date of final payment; costs of suit on attorney client scale and 10 percent collection commission.
In the acknowledgment debt document, Mosienyane stated that he accept his indebtedness to Systems and Services Engineers (PTY) LTD. He stated that he undertook to put settlement proposal within 14 days of the date hereof for consideration Systems and Services Engineers (PTY) LTD.
Mosienyane also agreed that notwithstanding the foregoing, a more detailed and specific agreement will be drawn by the attorneys, which will then supersede the document, but that before such an agreement is prepared and signed by two parties, the acknowledgement of debt document shall remain legally binding on the debtor.
Also Mosienyane concluded by saying that “this document is an acknowledgement of debt and notice of intention to settle. It is binding on the debtor upon signature but, until written acceptance by the creditor of the terms of payment, the creditor’s rights are reserved.