- China Jiangsu resolved blacklisting only through access to Masisi, Magosi
- Brigadier Masisi promised P5 million to arrange Masisi-Magosi meetings
- Brigadier Masisi got P100,000 cash and black label beer for Christmas
- Lekorwe condemned unethical cash-for-favors through presidential brother
The names of Former President Mokgweetsi Masisi and his brother, Brigadier Thulaganyo Masisi, as well as Brigadier Peter Magosi, Director General of the Directorate of Intelligence and Security Services (DISS), emerged prominently in litigation initiated by retired Brigadier General Gaiseikanngwe Peke against the contested Chinese enterprise, China Jiangsu International Botswana.
At the heart of the dispute lies a claim for a P5,000,000 bonus allegedly promised to Brigadier General Peke, who was engaged as a security advisor, for his ostensible success in resolving a security issue culminating in China Jiangsu’s blacklisting from government procurement processes.
Court records elucidate Brigadier Masisi’s pivotal role in effecting the reversal of the company’s blacklisting status. These documents disclose that Masisi’s involvement predominantly entailed facilitating privileged access to senior government authorities in order to overturn the adverse security designation.
According to the evidentiary submissions, Peke was contracted by China Jiangsu International Botswana in February 2019 to serve as a security advisor. The principal objective of this engagement was to address the existential challenge posed by the company’s blacklisting by DISS. Peke’s contract stipulated a monthly remuneration of P20,000 and included a provision for a contingent bonus contingent upon his successful mitigation of the security impediment.
The pleadings narrate how Brigadier Masisi, the sibling of former President Mokgweetsi Eric Masisi, was enlisted to assist Peke. Peke’s testimony delineates Masisi’s specific mandate: to facilitate the managing director of China Jiangsu, Cui Wanglin, in securing an audience with the President of Botswana at the time, Mokgweetsi Eric Masisi. Furthermore, Brigadier Masisi was tasked with securing access to Brigadier Peter Magosi. Masisi corroborated that during the third quarter of 2019, he was summoned to aid Peke in meeting Magosi, a task Peke found insurmountable. Brigadier Masisi affirmed his close working relationship with Magosi and avowed his unfettered access to him, which enabled the orchestration of the requisite meeting.
Brigadier Masisi further testified that he intervened to arrange a meeting with the President when the latter initially resisted engagement with Dr. Mothibi (another consultant retained by the Chinese firm), succeeding in August 2020. The blacklisting was ultimately rescinded in October 2020. Wanglin asserted that the expedited resolution was attributable solely to Peke’s involvement, facilitated exclusively through his connections with Brigadier Masisi and Magosi.
Allegations were made that Brigadier Masisi was promised a remuneration commensurate with Peke’s claimed bonus of P5,000,000 for aiding in the delisting of China Jiangsu.
Regarding the remuneration dispute, Peke testified that inquiries about his bonus were met with claims from Wanglin that the company awaited substantial government contracts to secure liquidity, supplemented by private sector engagements. Subsequent to Peke’s formal demand for payment, Wanglin purportedly retracted the original understanding, asserting that the bonus was payable only upon the company’s successful acquisition of the Molepolole and Goodhope projects.
Following the company’s award of a water infrastructure contract in Maun, Peke issued an additional demand for the bonus. Wanglin’s response indicated that only a partial payment ranging between P300,000 and P500,000 could be extended.
Court submissions disclose that the defendant presented a ledger reflecting disbursements totaling P708,000, split between payments to Peke personally and to his company, Quantum Grove. Specifically, P280,000 was issued to Quantum Grove, and P428,000 was paid directly to Peke. Peke conceded receipt of the former amount and recounted negotiating for a vehicle with Wanglin to facilitate further dealings with Magosi. He recounted: “On one particular occasion, I went to see Wanglin at his house, driving a Ford Everest vehicle belonging to my daughter. I then told Cui that my daughter wanted to sell the vehicle. The car was valued at P280,000. Wanglin then asked me to nominate a company through which the payments would be received, hence the payments to Quantum Grove in the instalments amounting to P280,000.”
Peke further stated that in December 2019, at a gathering hosted by Wanglin at his residence, which included Brigadier Masisi and Tshidiso Mojalemotho, he received P100,000 in cash, alongside bottles of wine awarded to himself and Tshidiso, and Black Label beer gifted to Brigadier Masisi.
He denied receipt of other sums, including P60,000, P23,000, P10,000, P170,000, and P15,000, while admitting to sporadic payments ranging from P10,000 to P20,000, which he maintained were unrelated to the contested bonus. Counsel for the plaintiff highlighted Cui’s position denying any verbal agreement to remunerate Peke the P5,000,000.
Nonetheless, Peke contended the existence of such an agreement, reportedly concluded in Brigadier Masisi’s presence. At some juncture, Wanglin offered an alternative arrangement—a property valued at P2,500,000 in Setlhoa with the balance payable in cash. “Although I initially agreed,” Peke disclosed, “upon reflection, I thought I could buy myself a farm rather than a house in town.”
Judge Reuben Lekorwe sharply criticized the attempt to monetize access to public officials. He remarked: “It came from Brig Masisi’s mouth that although he was to be similarly paid, he found it unethical to pursue payment because he found it wrong to monetise, as it were, his connection to or relationship with public officers. When asked what was different about his case and that of the plaintiff, he said the plaintiff’s case was backed up by a written agreement.”
The Judge underscored the imperative that public officers remain accessible without transactional barriers, to uphold public trust and accountability. He asserted: “Subjects, whether natural or corporate, must have a fair opportunity to access public services and have their grievances heard. Do they have to pay for it? No, they do not. If the contrary were to be the case, only the haves would benefit, leading to a government that only serves the interests of the affluent.”
Lekorwe observed that Wanglin had asserted the blacklisting’s reversal was accelerated by Peke’s involvement, predicated solely on his associations with Brigadier Masisi and Magosi. He cautioned that demand for monetary consideration to secure access to public offices warrants intervention under ethical and legal frameworks such as the Corruption and Economic Crime Act.
Ultimately, the Judge dismissed the plaintiff’s application, finding that Peke failed to establish on a balance of probabilities that the company consented to pay him a P5,000,000 bonus for the delisting of China Jiangsu.
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