Money doubled after delay
The Ministry of Local Government became the latest target of Deputy Sheriff Kebonekgosi Ntebele on Monday (March 25, 2024) afternoon, when he and his team descended on its headquarters, to attach at least eight vehicles and computers.
This follows a Lobatse High Court Order that the ministry should pay Lamworld Technologies (PTY) Ltd approximately P41million for a 2013 contract to build water treatment plant and evaporation ponds in New Xade and Radisele villages.
The company cited the Attorney General and N&M Services (PTY) Ltd as first and second respondent respectively, and the matter has been handled by several judges.
The dispute commenced in 2015 when Lamworld Technologies approached the court seeking just over P3million plus 10 percent interest for works performed and expenses incurred, but was subsequently amended to P20 million.
According to court papers, the ministry initially engaged N&M Services, but the project was later transferred to Lamworld Technologies, with the knowledge and consent of the ministry.
During trial, the AG defended the action whilst N&M Services did not take part at all.
The witnesses for Lamworld technologies stated that there was an agreement to move the contract to it, and declared it the main contractor since N&M Services could not execute, and that the AG even facilitated the opening of its bank account at First National Bank.
“The company stated that it expended its own resources on all activities related to the project and incuured costs which would ordinarily have been borne by N&M Services (PTY) Ltd. These included provision of transport, fuel, accommodation, and allowances for the ministry personnel and project engineers,” the court papers read.
The ministry denied ever engaging the company and said it should demand payment from N&M Services.
“The trial record is overwhelmed with evidence showing that Lamworld Technologies made several payments on behalf of the ministry at the instance of N&M Services, and that in other instances the ministry dealt directly with Lamworld Technologies (PTY) Ltd,” judge Boipuso Tshweneyagae observed, adding that there was correspondence between Lawworld Technologies and the ministry on the progress of project in question.
Justice Tshweneyagae said she was satisfied that the ministry transferred the project from N&M Services to Lamworld Technologies through numerous correspondences that were admitted in court, and therefore payment was owed to Lamworld Technologies.
“The ministry’s attempt to avoid liability is in my view unfortunate when one considers what was happening on the ground. The only party that had benefitted from Lamworld Technologies’ performance of the project is the ministry to whom the company should claim what is due to it,” said Judge Makhwe in September 2022, as she ordered the ministry to pay P20.7 million Plus 10 % interest per annum from 2015.
However, the ministry did not appeal or make application for stay of the order until March, 08, 2024, when it approached Judge Boipuso Makhwe (former Tshweneyagae) requesting her intervention to halt attachment of its properties.
On March 25th, the court dismissed the urgent application with costs, ordering that the Permanent Secretary in the Ministry of Local Government Gabriella Mogapi be put in prison for 30 days for contempt of court, but set aside for five days for the PS to act.
The Deputy Sheriff has already moved some of the seized vehicles to the Gaborone High Court premises, whilst ministry officials have been locked in meetings since Monday afternoon (March 25, 2024).
