Motsamai Takes BOPEU To Court

  • He has already received P1, 245,185.57
  • He is owed P2, 187,546.15
  • He earned  P62, 722.25 per month


Veteran unionist and former Babereki Investments (PTY) Ltd Executive Chairman Andrew Motsamai has dragged his former employer to court demanding full payment of his entitlements arising from the termination of his contract.
According to court documents prepared by Motsamai’s lawyers at Kanjabanga & Associates, Motsamai was appointed Executive Chairman of Babereki Investments (PTY) Ltd, a commercial arm of Botswana Public Employees Union (BOPEU) on the 1st of February 2017 but on 11th September 2017 he was slapped with a letter terminating his employment. ‘‘We give notice that your contract of employment is hereby terminated with immediate effect in terms of clause 10.1.3 of the said contract of employment,’’ the letter signed by Babereki Investment Directors Masego Mogwera and Odirile Otto Itumeleng reads.
It further instructed Motsamai to return all company assets in his possession by noon the next day. In the letter, Motsamai is also informed that the company will carry out a Forensic Audit and depending on the results thereof, any losses or damages attributed to him shall give rise to the company taking appropriate action, including but not limited to recovery of damages suffered by the company.  Motsamai is informed, through the letter, that he will be paid the balance of his contract as compensation. He is to also receive payment for gratuity and leave days not taken.
The documents presented in court show that Motsamai was entitled to a total pay-out of P3, 432 731.72 (three million four hundred and thirty two thousand seven hundred and thirty one Pula seventy two thebe) . This amount included Motsamai’s salary, P62 722.25, for the month of September, P45 730.22 for leave days, P125 444.50 gratuity for 8 months and P3 261 557.00 for termination of contract which was left with 52 months.  The documents show that Motsamai approached the court after Babereki Investments paid him only P1 245,185.57 and held back on paying the remaining P2 187 546.15. Motsamai’s lawyers bring to the attention of court a payment plan that was agreed on and which Babereki Investment has ‘‘to date failed, refused and/or neglected to pay despite lawful demand from Plaintiff’s attorneys of record’’, on three occasions in November.
Kanjanbanga & Associates prays for judgment as follows; payment of the sum of P2 187 456.15, interest thereon at the rate of 10 % per annum a tempora morae , 10 % collection commission and cost of suit.