P200k BDP cheque under scrutiny
The matter in which President Dr Mokgweetsi Masisi’s nephew, Olebile Joseph Pilane, is suing G&M Building Services (PTY) LTD, Kelebogile Monnatshipi, Tswela Khumo Ventures (PTY) LTD, and Chinese businessman Huashi Li continues to drag before the courts.
The matter was this week once again moved to a later date after the parties agreed they would furnish the Judge with documents explaining what transpired between the issuance of a disputed tender and commencement of construction works.
There is no compromise in sight for the warring parties.
Pilane wants the defendants to explain the P200,000.00 cheque issued by Pre-Con Construction to Botswana Democratic Party and the involvement of DIS in the matter.
He wants the court to know; “whether the DIS Director General, Brigadier Peter Magosi, did play any role whatsoever in the affairs of G&M Building Services regarding the tender and in particular, what was the reason for his involvement in the alleged retrieval of a copy of the cheque issued by Pre-Con Construction to Botswana Democratic Party from Pilane”.
He also wants the defendants to confirm whether or not Huashi Li gave any instruction to him on behalf of G&M Building Services to pay the BDP the said amount.
The lawsuit emanates from a P550million Good Hope water project, profits of which Pilane argues he has a 40 percent share by virtue of him being a shareholder in G&M Building Services. The project was a joint venture between G&M and Pre-Con Construction.
Pilane also intends to call a Quantity Surveyor to validate his case. “There shall be an expert opinion evidence to be given by a practicing Quantity Surveyor to support the quantum of damages claimed by the Plaintiff. The Plaintiff to submit its expert summary on or before 28th June 2023 to enable the Defendants to engage their own expert and prepare expert opinion evidence as well, if any, in which event the Defendants’ expert notice and summary of evidence will be submitted at least five days prior to the Final Pre-Trial Conference,” Pilane’s court papers read in part.
The parties should agree on whether Pilane was Managing Director of G&M Building Services and part of the team that prepared and submitted on behalf of the company.
They also have to determine if Tswela Khumo Ventures was shareholder in G&M Building Services at submission of the bid.
There should also be a clear explanation on whether Pilane voluntarily relinquished his shares in G&M Building Services and if Huashi Li played any role for him to relinquish such shares.
The parties should also agree on whether Pilane can claim 40 percent of the profit before it has been paid out to the contractor, and whether he has a legal standing to proceed with the suit against the respondents.
Furthermore, the Defendants should explain whether Masisi’s sister Boitumelo Phadi Mmutle, Ketshedile Nthono Hlanze were shareholders in G&M Building Services in October 2021.
The defendants have stated that Pilane is not entitled to any share of profit from the project since he relinquished his shares in G&M Building Services (PTY) LTD.
They also argue that he has no legal standing to sue them since he is not a shareholder in any of the companies listed.
They will meet again before Justice Michael Leburu on September 19th.