Lawsuit awaits President Masisi after presidential term

 

A lawsuit awaits President Mokgweetsi Masisi upon vacating the seat of head of state by Champrimo Botswana Group of Companies.

The Group of Companies argues that President Masisi has with respect acted in bad faith, inter alia, on grounds that on the 4th June 2018, he came on an unsolicited visit to the principal place of business, Desert Ranch Reproduction Management Centre, at Lot 29 Mmamashia.

During this visit, the President is said to have made a formal plea to the group not to relocate their head office outside the country when they were at an advanced stage of relocating to the United Arab Emirates. He allegedly urged that they serve their international clientele from Botswana thereby making Botswana a Centre of Excellence in livestock value chains; to transfer their capabilities, knowledge and intellectual property to the nation for the ownership and benefit of farmers for the purpose of national economic transformation and economic impact to support the president’s new national development agenda.

“As you espoused before us less than five weeks after assuming office of the Presidency to adjust our programmes, local and international to re-align them so as to dovetail with those of the Botswana government.

“We write these presents to Your Excellency in your private and personal capacity for reasons that are set forth below in relation to the matter of the National Livestock Sector Transformation Project.

“Your Excellency is no doubt aware that we have instituted legal proceedings in the High Court of Botswana against the Ministry of Agriculture (represented by the Attorney General) claiming substantial damages arising from our dealings with the Botswana government, variously represented by yourself, the Deputy Permanent Secretary to the President, the Minister of Agriculture, the Permanent Secretary- Ministry of Agriculture and other government functionaries, including among others, the National Strategy Office located at the Office of the President,” Peter Monametsi Chiepe said on behalf of Champrimo Botswana Group of Companies in a letter to the President on intention to sue. The letter seen by this publication is dated 2nd July 2024.

According to Chiepe, whilst the president has not to date been cited as a co-defendant in the ongoing High Court litigation, it is their unequivocal position that Masisi is liable to them in his private and personal capacity, jointly and severally with the Botswana government for all the damages they have suffered and continue to suffer which they are claiming in the High Court proceedings.

“We record that our original instructions to our former attorneys of record, Tubego-Bulawayo Attorneys, were that we considered that we had a cause of action not only against the government of Botswana Ministry of Agriculture but also and more importantly against both the former Deputy Permanent Secretary to the President, Elias Magosi and Your Excellency in your private and personal capacities on account of having at various times during conceptualisation and implementation of the National Livestock Sector Transformation Project with the Champrimo Botswana Group of companies, acted mala fide.”

Chiepe stated that they were and have been advised that under the laws of Botswana, a sitting President cannot competently be sued in any civil proceedings whilst he occupies the office of President.

He said they have further been advised that: any legal proceedings can only be instituted against a President only as and when he vacates office; and the prescriptive period commences to run the day after the President vacates office.

He added “We accordingly hereby place Your Excellency on notice that it is our intention to either: join Your Excellency as an additional defendant to the current proceedings, if Your Excellency should vacate office at the conclusion of the upcoming general elections or otherwise vacate office at any time before the current proceedings are finalised, or alternatively, institute proceedings against Your Excellency alone if Your Excellency only vacates office in 2029 when Your Excellency is legally obliged to vacate office after serving two terms.”

The Champrimo Botswana Group of companies aver that had it not been for Masisi’s plea, that they should not relocate their head office; that they should transfer their knowhow and intellectual property to the nation; that they establish Botswana as a centre of excellence for livestock value chain; that they should hold their international business with governments of other SADC member states in abeyance, they would have continued on the path and trajectory they had embarked upon.

It is Champrimo Botswana contention that “Masisi is guilty of mala fides and as such should be personally liable to us for the loss and damages the group has suffered in consequence thereof”.

It is the Group’s position that they have a cause of action against the president in his private and personal capacity, independently of the actions of the Ministry of Agriculture.

“We accordingly hereby give notice that as and when Your Excellency vacates the Presidency whether in 2024 or at the very latest in 2029, we will be either joining Your Excellency in the current litigation or alternatively if the litigation is concluded and we have not obtained satisfactory or sufficient redress for our losses and damages, we will institute legal proceedings against Your Excellency,” Chiepe said.