Saturday, June 15, 2024

Magosi faces High Court subpoena

The Director General of the Directorate of Intelligence and Security (DIS) Brigadier Peter Magosi faces a subpoena by the High Court.

This comes after President Mokgweetsi Masisi’s nephew notified him (Magosi) of his intention to serve him with the subpoena. 

The subpoena is expected to demand, among others, that Magosi explain “to the Honourable Court the circumstances under which you approached Mr. Pilane to retrieve a copy of a cheque in the amount of P200.000 000 issued in the favour of B.D.P (Botswana Democratic Party) by Pre-Con Construction (Pty) Ltd.”

Through his lawyers, MK Moesi & Company, Pilane states in a letter dated 4th July 2023 that: “We wish to give you notice that when trial comes, we shall be calling you as one of the witnesses to give evidence on behalf of client.”

The legal dispute emanates from the over the half billion-pula water tender awarded to a company identified in court papers as G & M Building Services. Pilane alleges in court papers that his aunt, Phadi Mmutle and others elbowed him out after he refused to obey an instruction by a Chinese contractor, Huashi Li, to arrange payment for the ruling Botswana Democratic Party (BDP) from the tender money.

Li is the director of Pre-Con Constriction.

The letter by MK Moesi & Company addressed to Magosi also indicates that; “Kindly indicate whether you will be available to give evidence in this regard, failing which we shall have no option but to issue subpoena against you in terms of Order 44 Rules 1(i) of the Rules of the High Court.”

Court papers show that the BDP’s long serving treasurer, Satar Dada is also expected to be subpoenaed or join Magosi as Pilane’s witness.

The latest development is part of efforts by Pilane to build up a strong case as his aunty and others deny in court papers that at one stage he was one of the shareholders and managing director of G&M Building Services  -the company at the centre of the dispute.

The tender in question was floated by WUC and was awarded to Tianyuan Construction/G&M Building Services Joint Venture at a total Cost of P549, 699,654.79(14% VAT inclusive.

In a letter addressed to Dada recently, Pilane’s lawyers informed him that “We wish to give you notice that when the trial comes, we shall be calling you as one of the witnesses to give evidence on behalf of client.”

They said: You will be expected to explain to the honourable court circumstances under which a cheque in the amount of P200, 000.00 was issued to B.D.P (Botswana Democratic Party) on the 6th October 2020 by Pre-Con Construction (Pty) Limited whose exclusive shareholder is one Mr. Huashi Li.”

The letter states further that: “A copy of the said cheque, apparently received by you in your capacity as BDP Treasurer is annexed hereto for ease of reference.”

“Kindly indicate to us your willingness to volunteer to give evidence when the matter is called for trial, failing which do not have any option but to issue subpoena against you in terms of Order 44 Rule 1(i) of the High Court,” the letter concludes.

Pilane’s lawyers, MK Moesi &Company state that: “Client is currently in dispute with G & M Building Services (Pty) Ltd regarding the above contract.”

According to the lawyers’ letter dated 05 June 2023, “The said dispute is now subject of litigation between the parties under case number CVHGB 00278/2/22.”

“We are now preparing for hearing of the said matter and in this regard, we require of you to produce to us copies of the bid submitted by the ultimate winner G & M Building Services (Pty) Ltd,” the lawyers said.

Pilane has since dragged Chinese businesses man Huashi Li alongside his paternal aunt, Boitumelo Phadi Mmutle and other to court following a dispute over the P500 million Water Utilities Corporation (WUC) tender.

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