A case in which President Mokgweetsi Masisi’s sisters and his nephew are squaring off over the control of a company that won a P500 million government tender commenced on Monday before Justice Michael Leburu.
The case also involves allegations of bribery involving a Chinese contractor and the ruling Botswana Democratic Party (BDP).
Masisi’s nephew, Joseph Pilane is embroiled in the legal battle with his aunties, Boitumelo Phadi Mmutle and Ketshidile Ntholo Hlanze.
The President’s sisters have launched legal application in a bid to stop the matter from proceeding to trail stage and effectively barring their nephew from disclosing how they allegedly elbowed him out of the company.
Pilane alleges that he previously co-owned G&M Building Services with Chinese contactor, Huashi Li before his aunts came into the picture.
Initially, Pilane had launched an application challenging the decision by his aunts to elbow him out of G& M Building Services but they countered by launching an exceptional application.
An exception, in legal terms, is when a party raises an objection on the grounds that the summons is embarrassing, vague or lacks necessary averments to disclose a cause of action.
Pilane’s lawyer Keikanetswe Moesi of M K Moesi & Company informed the Court that they were in court to seek dates to argue the exception application launched by Pilane’s sisters. Representing Masisi’s sisters, attorney Obrien Bvindi of Akheel Jinabhai & Associates confirmed the latest development. Argument in the matter has been slated for 22 February next year.
Court papers show that Li who is now in partnership with President Mokgweetsi Masisi’s sisters allegedly paid the ruling Botswana Democratic Party (BDP) a 5% kickback from the more than P500 million tender the company won from Water Utilities Corporation (WUC).
This emerges from records in the form of annexures, raising questions about the BDP’s influence on government tendering process.
The annexures which are part of court documents in which President Masisi’s sisters and his nephew are embroiled in a legal dispute over control tender allege that BDP received a bribe from the Chinese director of the company.
Pilane said he became a director of G & M Building Services (Pty) after being offered shares by Li. He alleges that the Chinese contractor paid or intended to BDP 5% of the contract sum (5% of more than 500 million).
This is contained in a letter that Pilane addressed to Li. The letter dated 2021 and entitled “Tianyuan Construction/G&M building Services Joint Venture” is also copied to Phadi Masisi Mmutle who happens to be Pilane’s paternal aunt.
The letter states that “Our several meetings where you directed us to pay Mrs Phadi Masisi Mmutle 5% off the company’s contract sum on behalf of the B.D.P (The Botswana Democratic Party in the event we win Goodhope 2.2 cannot be agreed to.”
Pilane added: “We must remind you your payment to the B.D.P (enclosed is your cheque pf the 06/10/2020 as what you term as a goodwill gesture will be viewed as a bribe. G&M Building Services will not be a party to this act.”
Giving some of the reasons as to why he was against G&M Building Services making payment to the ruling party, Pilane explained that: “Mrs Phadi Mmutle is not in any structure of the BDP and cannot make demands on its behalf.” “Finally, when you offered me these shares it was on the understanding that I deliver any of the three (3) Water Utilities tender, fairly and within the parameters of the law,” said Pilane.
