Botswana Building Society (BBS) Managing Director, Pius Molefe has been reported to the police for alleged perjury. Molefe allegedly did not tell the truth while under oath in the over P40 million protracted legal battle between the society and Zambian investor, Baldwin Nchite.
Southern African Furniture Manufacturing Company (PTY) Ltd (SAFCO) is suing BBS for P40, 550, 000.00 for loss of business due to ‘unlawful’ auctioning of the SAFCO’s immovable and movable properties. SAFCO represented by Vandecasteele Attorneys want the money to be paid with a 10 percent interest per annum from the date of the judgement to date of full and final payment.
According a police report seen by this publication, Molefe in his affidavit filed with the court was not telling the truth when he said the prescriptive period for an action for damages is three (3) years and that the alleged wrong upon which the claim for damages is based came to the knowledge of SAFCO in May 2005.
Another claim by Molefe that the police have been requested to ask him for proof is when he said in his affidavit that, “much as SAFCO was registered owner of the properties, some of which on its own account it disowns, the society had a real right over same to the extent that they were hypothecated in the society’s favour. In terms of the loan agreement, and subsequently the judgement of court, it was lawful to attach and execute either and/or both moveable and immoveable property to liquidate and discharge the judgement.”
A police statement by Nchite and seen by this publication therefore calls on the Botswana Police to ask “Mr Molefe to provide proof of the Deed of Hypothecation”. Nchite confirmed that he did report the matter to the police but declined to comment further on the matter.
Detective Sergeant Marapo of CID who is said to be handling the case could not be reached as his mobile rang unanswered at press time after he requested to be called later on.Speaking in an interview BBS's spokesperson Sipho Showa said "we are not aware of that (police report). What we know is that the isue that deals with hypothecation and prescription is part of the case filed before court by Nchite and that is where he wil have to argue about those isues."