Online Version

Facebook Feed

  • Dr Sikhulile Moyo named to TIME’s annual TIME100 list of the 100 most influential people in the worldMay 23, 2022
    TIME  has  named  Dr  Sikhulile  Moyo  to  the  2022 TIME100, its annual list of the 100 most influential people in the world. Dr. Moyo is the Research Laboratory Director at the Botswana Harvard AIDS Institute Partnership (BHP), a health […]
  • VACANCIES: BR PropertiesMay 17, 2022
    INTERNSHIP OPPORTUNITY Finance and Administration Closing date: 18th May 2022.
  • BANANA CLUB HOSTS FIRST MAUN EDITIONMay 17, 2022
    The artist-led collective, Banana Emoji Productions in collaboration with the European Union Delegation in Botswana hosted the beloved BANANA CLUB dialogues in Maun on the 14th of May 2022.  The multi-disciplinary creative group is committed to working with artists […]
  • Orange Botswana CEO among Africa’s most inspirational women in leadershipMay 12, 2022
    – Declares House of Rose House of Rose Professional Pte. Ltd (HORP) has announced its 2022 List of Africa’s Most Inspirational Women in Leadership. The list included over 100 inspirational leaders and was curated by House of Rose Professional […]
  • Unions ‘consider’ a Workers PartyMay 12, 2022
    Masisi snubbed trade unions on Workers Day, chose Khawa BOFEPUSU warn Masisi that Khawa could cost him elections Opposition will be top beneficiary of a Workers Party -Analyst BAKANG TIRO editors@thepatriot.co.bw Aggrieved trade union federation, Botswana Federation of Public, […]
  • About Us
  • Advertise
  • Disclaimer
  • Contact Us
  • Login
  • Register
Wednesday, May 25, 2022
17 °c
Gaborone
21 ° Tue
22 ° Wed
24 ° Thu
26 ° Fri
The Patriot On Sunday
Advertisement
  • Home
  • News
  • Business
  • Lifestyle
  • Sport
  • Analysis & Opinions
  • Vacancies & Tenders
No Result
View All Result
Cart / $0.00

No products in the cart.

  • Home
  • News
  • Business
  • Lifestyle
  • Sport
  • Analysis & Opinions
  • Vacancies & Tenders
No Result
View All Result
The Patriot On Sunday
No Result
View All Result
Home News

Debswana vs Infotrac

patriot by patriot
March 24, 2022
in News
0
Debswana vs Infotrac

Milton and Bonyongo

491
SHARES
1.4k
VIEWS
ShareShareShare
  • Judge invokes Turquand Rule in P110 million Debswana lawsuit

THABO BAGWASI

editors@thepatriot.co.bw

An otherwise little known business rule will loom large in a P110 million legal suit between Infotrac (Pty) Ltd and Diamond mining giant, Debswana.

This was at least the suggestion of Justice Abednigo Tafa when he winded arguments on the staggering demand on Friday. The Turquand Rule will thus take center stage in the case and possibly form part of the heads of arguments to be filed between now and June when Justice Tafa hands down his ruling.

The crux of the case hinges on an oral consultancy agreement between former Debswana departmental heads, Mpho Kewakae and Messers Keitumetse and Mazwigwila. It is Infotrac’s case that the trio,acting on behalf of Debswana contracted the company to lobby powerful people in the land in favour of the late Albert Milton. At the time, Milton was General Manager for Jwaneng mine and was looking to ascend to the position of Debswana Managing Director (MD).

The case between the spy agency and the miner has consistently spewed jarring details into the broader public domain. Chief amongst them is testimony detailing allegations of an extramarital affair between the late Milton and the wife of his then boss, Debswana MD Balisi Bonyongo. It was this particular claim that whipped up fears among the triad of Debswana managers that Bonyongo would sabotage Milton’s ascendance to the top post.

Bonyongo was the outgoing MD while Milton’s prospects to succeed him, according to the suit were judged imprecise even as he was the sole runner.

According to Infotrac proprietor, Mompoloki Motshidi, this then resulted in a verbal brief to lobby Botswana’s most connected power wielders to counterbalance the supposed threat posed by Bonyongo. This included the then Vice President Mokgweetsi Masisi, former Spy Chief Isaac Kgosi and the late former central bank governor, Linah Mohohlo among others.

Other mind-blowing details revealed in court include the monitoring of Mine Workers Union members using sophisticated spyware, including one placed in a toilet in Orapa mine.

Now, the Turquand Rule which is otherwise known as internal management rule will form a crucial part of the case.

According to BLC attorneys website, this rule serves to protect genuine companies or entrepreneurs who may not be aware of any internal wrongdoings in a company they are doing business with, which may eventually affect their contract.

The rule, also known as internal management rule basically holds that it’s incumbent upon any company wishing to transact with another to ensure its internal regulations and processes have been followed to the hilt in relation to the envisaged engagement of services of another company.

This is so that the other transacting party can rest easy assured of protection. Furthermore, the rule also smoothens doing business. “The Turquand rule relieves third parties from enquiring whether the company it intends on contracting with has complied with all its internal rules. It serves to shield bona fide third parties from being prejudiced by the company’s failure to comply with its own internal requirements,” states the statement by BLC attorneys.

The Turquand rule can only be invoked to protect businesses or third parties acting in good faith. “This means that a third party who knew or even suspects that internal formalities have not been complied with but deliberately turns a blind eye will not be protected.”

Related

Get real time update about this post categories directly on your device, subscribe now.

Unsubscribe
  • Dr Sikhulile Moyo named to TIME’s annual TIME100 list of the 100 most influential people in the worldMay 23, 2022
    TIME  has  named  Dr  Sikhulile  Moyo  to  the  2022 TIME100, its annual list of the 100 most influential people in the world. Dr. Moyo is the Research Laboratory Director at the Botswana Harvard AIDS Institute Partnership (BHP), a health […]
  • VACANCIES: BR PropertiesMay 17, 2022
    INTERNSHIP OPPORTUNITY Finance and Administration Closing date: 18th May 2022.
  • BANANA CLUB HOSTS FIRST MAUN EDITIONMay 17, 2022
    The artist-led collective, Banana Emoji Productions in collaboration with the European Union Delegation in Botswana hosted the beloved BANANA CLUB dialogues in Maun on the 14th of May 2022.  The multi-disciplinary creative group is committed to working with artists […]
  • Orange Botswana CEO among Africa’s most inspirational women in leadershipMay 12, 2022
    – Declares House of Rose House of Rose Professional Pte. Ltd (HORP) has announced its 2022 List of Africa’s Most Inspirational Women in Leadership. The list included over 100 inspirational leaders and was curated by House of Rose Professional […]
  • Unions ‘consider’ a Workers PartyMay 12, 2022
    Masisi snubbed trade unions on Workers Day, chose Khawa BOFEPUSU warn Masisi that Khawa could cost him elections Opposition will be top beneficiary of a Workers Party -Analyst BAKANG TIRO editors@thepatriot.co.bw Aggrieved trade union federation, Botswana Federation of Public, […]
The Patriot On Sunday

© 2022 Copyright The Patriot On Sunday - Inspired by Search Mart.

Navigate Site

  • About Us
  • Advertise
  • Disclaimer
  • Contact Us

Follow Us

No Result
View All Result
  • Login
  • Sign Up
  • Cart
  • Home
  • News
  • Business
  • Lifestyle
  • Sport
  • Analysis & Opinions
  • Vacancies & Tenders

© 2022 Copyright The Patriot On Sunday - Inspired by Search Mart.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?