Debswana Diamond Company had planned to hive off millions of Pula from its multi-billion Cut 9 project to pay a company that allegedly helped its former managing director the late Albert Million to ascend to the top post, the High Court heard last week.
The High Court also heard how President Mokgweetsi Masisi, former Director of Directorate of Intelligence Services (DIS) Isaac Kgosi and former Bank of Botswana Governor, the late Linah Mohohlo were instrumental in a covert operation that ensured that Milton became the managing director of Debswana.
Key witness and the managing director of Infotrac Mompoloki Motshidi made the revelations this week before Justice Abednego Tafa in a case in which his company is demanding P110 from the diamond company.
Motshidi told the Court that the legal dispute over the P110 million payment that Debswana allegedly owes Infotrac harks back to the time when he was approached by the head of Debswana based at the company’s headquarters, Mpho Kewagamang.
“The initial discussion hinged on or about 2017 with the head of security at Debswana, Kewakae. He said Debswana was interested in engaging Infotrac for highly sensitive project; sensitive for Debswana and Botswana Government,” said Motshidi.
Motshidi told the Court that Kewakae, “Proceeded to share that according to Debswana, Milton who was at the time the General Manager for Jwaneng Mine was the best candidate for the Managing Director position.”
“He Milton, had the support of the President Mokgweetsi Masisi (was Vice President at the time) so Debswana wishes to engage Infotrac to lobby for Milton,” said Motshidi.
He further told the Court that because this came at a time when there was an investigation relating to Milton’s affair with a colleague, he informed Kewakae that, “I would reflect on this and revert at a later date.”
Asked by his lawyer Kgosietsile Ngakagae as to who was conducting the investigation into the alleged affair that Milton had with his colleague, Motshidi told the Court that “Infotrac was engaged by Debswana head of security.” He said Infotrac was paid for this. He said no one (the board or management) said the engagement was unlawful.
“Before I could reflect on the sensitive project, I received a call from Kewakae on or about 18 February 2018. He asked if I had considered Debswana’s request for this highly sensitive engagement,” said Motshidi.
He said he told Kewagae that Infotrac “could successfully do the project.”
“However, I told him that it would come at a fee of P110 million. He said for this project, Debswana would only pay upon the success of the project. He continued to say Debswana would propose upon successful of the project, how to do the payment due to the sensitivity to the project,” said Motshidi.
Asked by Ngakaagae what the nature of the work to be done on the lobby was, Motshidisi explained that “it was to put Milton’s profile in a good light, advice Milton on how to carry himself and his personal life.”
He revealed that, “Some of the stakeholders engaged with were President Masisi, Isaac Kgosi (former Directorate of Intelligence Director) Linah Mohohlo (former Bank of Botswana Governor).”
Under cross examination by Debswana’s lawyer John Carr-Hartley if he did lobby Debswana stakeholders, Motshdisi said, “Yes I did.” He denied suggestion that the agreement was between him and Milton personally insisting Milton was representing Debswana.
Crossed examined earlier on by Ngakaagae, Motshidi said there was no written contract as Kewakae had emphasised the sensitive nature of the project. “I trusted him and that I would be paid without a contract because I had always been paid by Debswana,” said Motshidi.
Ngakaagae sought to know if apart from Kewagae, there was any other person “he was exposed to for purposes of this engagement,” to which Motshidisi answered in the affirmative.
“Yes, Mr Keitumetse, Debswana head of security at Jwaneng mine, Mr Mazwigwila-Jwaneng,” said Motshidisi. On whether he was ever “exposed to Milton,” Motshidi said. “Yes, at first I met Milton during investigation I was doing relating to allegations of an affair with his colleague and upon starting this project for lobbying for Managing Director of Debswana position.”
Motshidi added that, “We had a few meetings and he was comfortable communicating through Kewakae, Keitumetse and Mazwigila.”
He said it was never suggested that this was an engagement by Milton in his personal capacity. “The job was an absolute success because Milton was appointed,” said Motshidisi when asked if he had achieved what he had been engaged for. He said Debswana did not honour payment for this and he held a meeting with Kewakae in January 2019 requesting that Infotrac be paid.
“He (Kewakae) said Debswana needed time to facilitate such a payment. It would be attached to some of Debswana’s ongoing projects citing Cut 9 projects. I said I needed a concrete plan and wanted to know when the payment plan would be done,” said Motshidi. He said he left the meeting frustrated because Kewakae’s “attitude seemed relaxed.”
The Court heard that as the dispute between Infotrac and Debswana boiled over, former President Ian Khama’s senior private secretary Brigadier George Tlhalerwa was roped in to mediate.
“I then received a call from Tlhalerwa requesting to meet. He was no longer in office at the time. He immediately disclosed to me that he had been engaged by Debswana to facilitate discussion to do with my project. I hesitated saying Debswana had betrayed trust I had and considering legal action,” said Motshidisi.
Motshidi said Tlhalerwa informed him that Debswana was going to settle and “we must sit down and propose how it would be done.”
They agreed to a meeting with Debswana which was later chaired by Tlhalerwa. “In attendance were myself, Kewakae, Keitumetse and Tlhalerwa. Tlhalerwa said he was told by Milton that he would speak through his head of security. I detailed engagement of Infotrac by Debswana. Kewakae said Debswana has wronged Infotrac and needed time to facilitate payment and not denying liability,” said Motshidisi.
He said he informed the trio that if Debswana did not deny liability then it must propose a concrete plan to settle the bill. Motshidisi said Kewakae asked for two days to propose a payment plan. He added that he held another meeting and Debswana still requested for more time.
“I was further agitated and following this meeting Infotrac then issued a letter of demand. To our surprise, Milton responded denying liability in his personal capacity,” said Motshidisi. He said he then approached Debswana Board.
“I received another phone call from Tlhalerwa. He proposed another meeting between Infotrac and Debswana. In that meeting, Kewakae proposed an upfront payment P10 million. But it would not be immediately available. P2 million would be available. The difference would be attached to the projects (Cut 9). He needed time,” revealed Motshidi.
He further told the Court that, “Tlhalerwa said must not engage the Board. Debswana, through Milton and Kewagae are not refusing to pay.”
“Time passed and in or about August 2019, I made a complaint to Carter Morupisi (former Permanent Secretary to the President and former Deputy of Board of Debswana) telling him that Debswana was delaying in paying for the services. He phoned Milton informing him that Debswana was delaying to make payment,” said Motshidi.
Carr-Hartely put it to Motshidi that the only three surviving people who were allegedly involved in the agreement have not been summoned by Infotrac and Motshidisi to come and testify. Justice Tafa interjected saying “If I were a Plaintiff, I would not call the people who said they would pay but did not.” The Court also heard the three people in question; Kewakae, Keitumetse and Mazwigwila were no longer in the employ of Debswana.
Motshidi said he had dealt with Debswana several times. He said his company was registered in the Debswana procurement system as a consultant.
Asked how he had been dealing with Debswana, Motshidi said, “Debswana would phone me directly, send a text message or even by email or WhatsApp message to highlight an issue of concern on their end.”
He added that, “They would then ask if I am able to assist regarding that issue. If I was able to assist, I would propose a meeting to get further details. They would then ask for a figure from Infotrac to render services.”
Motshidi also told the Court that, “If they are comfortable then they give me the go ahead,” he said. Then it might take a few days to ask for a quotation. In that verbal discussion, I would highlight the figure of the services requested. According to Infotrac, the go ahead, whether verbal or written is an agreement to go ahead.” The case continues.
