Debswana P110m lawsuit opens can of worms
ALocal company demands payment for investigation services rendered to Debswana Former Debswana MD, the late Milton’s information obtained unlawfully Infotrac hacked into Debswana system to obtain Hamilton’s information for the investigation
case in which a local security and intelligence agency, Infotrac ( Proprietary) Limited, claims P110 million and costs of suit against Debswana Diamond Company for breaching a ‘ special procurement’ contract is back for trial this week at Gaborone High Court.
The case was scheduled for trial continuation on Thursday this week before Justice Abednico Tafa, where Debswana, the mining giant owned by Botswana Government and De Beers, is expected to defend itself in a case that challenges its integrity, power, reputation and accountability.
Infotrac also seeks 10 percent interest per month, from date of breach of contract to date of full and final payment.
A part of court documents filed by Infotrac on 10 June 2020 seen by this publication, states that “On or about January 6th, 2018 at Gaborone, the defendant ( Debswana), duly represented by its then managing director, the late Albert Milton, one Mr Mazwigula, one Mr Kewakae and one Mr Keitumetse entered into an oral agreement in terms whereof the plaintiff agreed to provide consultancy services to the defendant.”
In this case was a special operation which Infotrac did for the mining company, investigating possible office romance that could have led to favouritism.
“The material terms of the oral consultancy service agreement between the parties were, inter alia, following that the plaintiff ( Infotrac) would at special instances and request of the defendant ( Debswana), render to the defendant, consultancy services, in the form of investigation of an alleged love relationship between Albert Milton and Candy Goodie, as well as favouritism at work on the latter by the former,” the cause of action suit states. Infotrac claims to have evidence with witnesses that it delivered the said services on time that is before the due date. But Debswana failed, refused and neglected to discharge its obligation to make full payment, Infotrac contended.
Court papers by Infotrac also states that the defendant had further engaged a third party to facilitate discussions pertaining to settlement of the initial claim. Infotrac argues that following the conclusion of the consultancy agreement between the parties, the plaintiff duly discharged its obligations. According to Infotrac, as a result of the breach by the defendant, Infotrac is entitled to recover all the monies due, owing and payable to it for services rendered. In a notice to defend, Debswana denied the terms of the contract entered into between Infotrac and themselves and further argued that what they had contracted the firm for, they had paid for it. According to a witness summary document on behalf of Debswana by Ludo Tema who is Head of Legal at Debswana, filed with the court in August 2021, she will testify that following a tip- off made to Debswana tipoff line in December 2017, Infotrac was engaged to investigate the allegations made in the tipoff and to prepare a report on its findings into the allegations.
“The witness provided legal advice around how the investigation can be done and assisted in setting the scope of the services to be rendered
by the Plaintiff.
“The Defendant’s Managing Director ( Mr Balisi Bonyongo) intimated to the Defendant’s Head of Audit ( Tshepo Modise) that he had concerns and misgivings about the report and this was communicated to the witness by Tshepo Modise. “The witness has no involvement in the investigation or the Report until Tshepo Modise made a comment to the witness that the said Mr Balisi Bonyongo had some concerns regarding the investigation,” reads the document filed by Carr Hartley of Armstrong Attorneys representing Debswana.
He added that following that comment, the witness ( Tema) was approached by Mpho Kewakae ( then an employee of Debswana in its Security division) who informed the witness that the investigations had been completed and that Infotrac Managing Director Mompoloki Motshidisi wanted to discuss the highlights of the Report. The witness according to the documents was invited to the meeting and invited Modise to discuss the concerns made to her by Bonyongo. Tema together with Modise and Kewakae attended a meeting with Motshidisi at Falcon Crest in Gaborone.
“At the meeting, the Plaintiff ’ s Managing Director made an informal presentation on the Plaintiff ’ s investigation techniques and methodology allegedly used in the investigation and findings.
“The Plaintiff ’ s Managing Director informed those present at the meeting that the Plaintiff had ‘ hacked’ the Defendant’s computer system to obtain information from ( the late) Albert Milton’s electronic communications and had misappropriated ( the late) Albert Milton’s cellphone in order to obtain information in the cell phone. “The witness will testify that she expressed her concern at the methodology allegedly employed by the Plaintiff’s alleged investigation technique which she viewed as unlawful, if not illegal. Tshepo Modise expressed concerns about the methodology as well”.