07 Apr 2015

The two individuals advising BoFiNet and Botswana Telecommunications Corporation Limited (BTCL) are from the same law firm of Monthe Marumo and Company incorporating Molatlhegi and Associates.

Minister of Transport and Communications, Mr Tshenolo Mabeo said this in Parliament on April 1. Mr Mabeo said neither BoFiNet nor BTCL were aware of the conflict until March 30, 2015. 

He said the onus of declaring conflict of interest lied with the law firm and in this case, no conflict of interest was declared by Monthe and Marumo incorporating Molatlhegi and Associates.

Mr Mabeo told the house that the official transaction advisors to government (the selling shareholder) appointed through Public Enterprise Evaluation and Privatization Agency (PEEPA) were Collins and Newman and Deloitte Consortium. 

He said the total amount of the consortium, transaction advisors was P9.5 million. He said the legal advisors in the consortium were Collins Newman Company. “The legal fees according to the Consortium contract with PEEPA was signed in March 2011 are P2, 987,000.00. 

The legal advisors to the BTCL are Monthe Marumo and Company in partnership with ENS Africa. They were engaged on the 6th of March at a total fee o P1, 703,916.85,” he said.

Mr Mabeo said BoFiNet further engaged Monthe Marumo and Company incorporating Molatlhegi and Associates to review and advise them on the draft Possession and Use Agreement and were paid a total amount of P47 181.67 VAT inclusive.

The minister said the Collins and Newman Deloitte Consortium were appointed by PEEPA through a competitive public tender process.

Mr Mabeo said Monthe Marumo and Company incorporating Molatlhegi and Associates was directly appointed by both BTCL and BoFiNet from their approved panel of legal firms. He said the panel of legal firms was selected through selective tendering.

Mr Mabeo was responding to a question from the Member of Parliament for Gabane/Mmankgodi, Major General Pius Mokgware who wanted the minister to state the law firms involved in the privatisation of BTCL process and the fees paid.

He also asked to know whether the individuals involved were not from one law firm or partners in one law firm and what criteria was used to select the law firms in both situations. ENDS