Africa-Press – Botswana. The Botswana Patriotic Front (BPF) is staring down hundreds of thousands Pula in legal fees.
The party is alleged to be struggling to settle its legal bills arising from a lawsuit by its former President Biggie Butale while its patron, Ian Khama, gaily retreats in South Africa.
A Gaborone based law firm, J.J Matomela Attorneys which represented or defended the BPF and some members of its national executive committee including Khama against a lawsuit filed by Butale is now being accused of failing to settle legal fees and has been served with summons to defend itself before the High Court.
J.J Matomela has since engaged another law firm, Winfred Masitha Legal Practice to drag BPF before Gaborone High Court judge, Dr. Justice Kebonang.
Cited in the court papers are BPF’s secretary general, Lawrence Ookeditse (First Defendant) and the BPF itself (2nd Respondent).
According to the particulars of the claim, by J.J Matomela Attorneys, in or around the month of July 2023, the 1st defendant and 2nd defendant approached the Plaintiff (Matomela) seeking legal representation in the High Court matter brought against them by the former Botswana Patriotic Front (BPF) President Biggie Ganda Butale, case No. UAHGB-000199-23 before Doctor Justice Kebonang at the Gaborone High Court Chambers.
Masitha Legal Practice says their client (Matomela) received instructions to defend the urgent proceedings brought by Butale on behalf of Ookeditse and BPF, and others in their capacity as the members of the Botswana Patriotic Front National and its National Executive Committee.
“Plaintiff duly complied and executed his mandate. Once judgment was delivered on the 2nd day of August 2023, the Plaintiff issued its fee note for legal services rendered for the duration of the matter,” the court papers indicate.
The papers stated that “The 1st Defendant was billed a sum of BWP102 228.83 (One Hundred and Two Thousand Two Hundred and Twenty-Eight Pula Eighty Three Thebe) which amount remains due and payable to the Plaintiff.”
“The 2nd Defendant, through its officers who serve in the National Executive Committee, undertook to pay the legal costs on behalf of the defendant, and thereby rendered itself jointly liable for the outstanding owed amount,” the lawyers said.
Matomela’s lawyers said; “The Defendants have continuously failed to pay Plaintiff the amount due to him despite various demands made by plaintiff.”
“To date, the Defendants have failed to deliver as per agreement, and further refuse, neglect or fail to pay money amounting to BWP 1 02 228.83 (One Hundred and Two Thousand Two Hundred and Twenty-Eight Pula Eighty Three Thebe), representing the total bill for services rendered by Plaintiff. “
Matomela prays for judgment as follows: “An order directing the Defendants jointly and severally, one paying and the other to absolved, pay the Plaintiff an amount of: BWP 102 228.83 (One Hundred and two Thousand Two Hundred and Twenty-Eight Pula Eighty Three Thebe) representing the total sum of legal costs incurred in case No. UAHGB- 000199-23: “
Matomela also prays for an order directing BPF to pay 10 per cent interest calculated per annum from the date of judgment to the date of payment costs of the lawsuit.
Matomela’s lawyers informed BPF that; “You are commanded that within 14 days after the service of this summons on you, inclusive of the days of such service, you do cause an appearance to be entered for you in action at the suit of Joram Horry Matomela t/a J.J Matomela Attorneys, a legal practitioner duly admitted and practicing within the Courts of Botswana under the name and style of J.J Matomela Attorneys…”
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