SOLD: Mosele’s property
MOTHER LOSES PHAKALANE HOME AS DEBSWANA SELLS PROPERTY TO REPAY DAUGHTER’S SCHOLARSHIP
A- 55 -year -old Gaborone woman whose daughter failed to pay back a Debswana scholarship was made homeless last week when the mining company auctioned her house to recoup their costs.
After she failed in her attempts in court to convince Debswana to give her two more years to settle the P578 210.37.debt, the devastated pensioner Violet Mosele, buried her face in her cupped hands in contemplation of her loss.
Mosele found herself in the sticky legal predicament after binding herself as surety and co-principal debtor for her daughter, Kesego Mosele’s scholarship.
Kesego was awarded the Debswana scholarship in 2002 to pursue a Bachelor’s Degree in Medicine at Southampton University in the United Kingdom.
According to evidence provided by Debswana lawyers, the mining company had undertaken to pay for all expenses for tuition, examination fees and all ancillary expenses including accommodation, travel, stationery and maintenance allowances.
The scholarship conditions were such that when she completed her education, Kesego would give Debswana the first priority to employ her and that she would start repaying the company within sixty days after completion of her studies.
When she completed her studies in 2007, Kesego was employed by Debswana as a Learner Official under the Medical Department at Orapa and Letlhakane mines.
Debswana Legal Advisor Ndiye Letsholathebe told the court in his answering affidavit that Kesego breached her agreement with the company in June 2010 when she resigned from her employment and terminated her bond obligation service period of 27 months.
In consequence Kesego Mosele and her mother Violet became liable to (Debswana) in terms of the agreement in the sum of P761, 883.47 plus interest.
In November 2011 Debswana issued Mosele with a writ of summons to which she responded arguing that it was irregular as no power of attorney or resolution had been filed. When the matter went to court in May 2012 Mosele withdrew her argument.
She was advised by Justice Mothobi to not allow her daughter to place her assets in danger of seizure.
The judge also advised Mosele to get her daughter to come back from Australia and resume her employment with Debswana to pay her bond obligation.
In July 2012 Mosele made a payment of P422,000.00 and proposed to Debswana to allow her to settle the balance in two years.
Debswana turned down the proposal arguing that they wanted a more expeditious method of payment and Mosele was informed that her Phakalane home would be attached if she failed to make payment.
Early last week the Deputy Sheriff attached the property and sold it for P761, 883. 47, the exact amount the mother- daughter duo owed after legal costs and interest charges were factored into their P578 210.37 debt balance.
When she approached the High court on Friday with an urgent application to stay the order to attach her property, Mosele was devastated as Justice Mothobi dismissed the application and put her house under the hammer.
Her lawyer, Unity Dow of Dow and Associates’ pleas for the court to exercise its discretion in favour of Mosele fell on death ears.
DISTRESSED: Violet Mosele
“We further submit that all the applicant is asking is that the door not be shut in her face, that she be given a chance to argue the rescission and application, which application, if successful, will give her a chance to defend a judgment that was granted in her absence based on a claim to which she has a defence,” Dow submitted.
Justice Mothobi however ruled that Mosele had stripped away protection for her property but said she still had the alternative to take her daughter to court.
“It’s not like she does not have any remedy at law. She still has the right to sue her daughter and save her property,” he said before dismissing the application with costs.
In an interview with The Voice, Mosele said she had lost a huge investment and that she had been hurt by Justice Mothobi’s suggestion that she should sue her own daughter.
“That property was an investment that was closest to my heart.
I had pleaded with them to give me two more years to settle the debt, but that was all I could do and it was up to them to consider my plea.
I’m a Christian and I can’t stop loving my daughter because of material stuff.
The Bible teaches us that we should forgive and love one another and if I were to sue my daughter as the judge suggested, what more would I do to my neighbor,” said Mosele adding that she was now homeless and relied on relatives to take care of her as she rebuilds her shattered life.
Efforts to get a comment from Kesego in Autralia where she is currently married drew a blank as her phone went unanswered for days.
WHAT DEBSWANA SAID
In her response to The Voice enquiries Debswana Group Public and Corporate Affairs Manager, Esther Kanaimba Senai said upon resignation, Kesego was advised of the balance of the debt which was 27 months service or P761, 883. 47 and that it had become due and payable in terms of the scholarship agreement. “As the payment was not forthcoming, despite demand, the company approached the High Court for relief.
In addition, the debt attracted interest plus legal fees.
The matter came up for roll-call on 10th February 2012 and was postponed to 25th May 2012 to allow the parties to settle.”
At the time of the court hearing, Kanaimba-Senai said, no settlement was reached and that Debswana sought an order for, and obtained judgment in default on 25th June 2012. She said Kesego’s mother had been aware of the judgment and the fact of her indebtedness, which she demonstrably accepted.
“Although she paid part of the debt amounting to almost half of the amount owing (which included interest and legal fees), she did not make a firm undertaking as to when she will pay the balance of P578 210.37.
Despite efforts to engage the debtor, she was non-committal about payment of the balance owing save to say she could clear it within two years yet she was unclear about when exactly she would pay during those two years.”
On several occasions, Kanaimba-Senai said, Debswana sought to explore and hopefully agree to reasonable terms of payment with Kesego and her mother.
“Despite the fact that we could have immediately enforced the judgment upon obtaining it in June 2012, we spent the interim period seeking alternative means of ensuring satisfaction of the debt without success.”
She said it was only in January 2013 that Debswana sought to proceed and sell the debtor’s immoveable property and that it was only then that she made an application to court for rescission of judgment, which, as the court pronounced was ‘without basis’.
Mosele's-Prperty.
Kesego should come back from Australia honeymoon and solve her homeless mother’s problem..the poor mum shouldn’t be going through this mess after doing all it take to educate her.
Even if the daughter is out of the country she should show some form of responsibility by
either coming back to join the company
or
come to an agreement with the company while out of the country that she will pay every month a certain amount
but please do not leave the mother homeless – she will just be joining those who have had
1. they homes taken away from them
2. and those who have had they homes demolished
she will just join the numerous people who have been left homeless and who will house the homeless??
“Debswana turned down the proposal arguing that they wanted a more expeditious method of payment and Mosele was informed that her Phakalane home would be attached if she failed to make payment.”
Was there a communication between Mosele and anyone else (besides the company) i.e. her mother advising her (Mosele) that that she had been informed that failure to pay back the house would be auctioned
Mosele should also have settled issues before she left the country and not leaving her mother in this mess
were there monies deducted from Mosele’s salary when she was working for the company and and after she left their employment??
“After she failed in her attempts in court to convince Debswana to give her two more years to settle the P578 210.37.debt, the devastated pensioner Violet Mosele, buried her face in her cupped hands in contemplation of her loss.”
The company should have given the 55 year old a chance to prove that she can pay the monies back
In these tough times the company should have been sympathetic and come to some agreement with the 55 year old on how she would be settling the debt.
don think its too late for Kesego to swallow her pride and cum back from Australia and try to solve her mothers predicament. the old lady is in this mess cos of her.
Defineteley Kesego does not give a damn about her mom. The mom therefore should stop all the crying and look for alternate accomodation. As the Judge rightfully said, she should sue Kesego.
@ Cheerful, the 55 year old was given that chance to prove how she will pay back. To show that she also was not sure how she will do that she just said I will pay in 2 years. This means that if Debswana agreed to this, they will only seek the court’s intervention after 2 years if she did not pay. She shoul infecat have said I will pay so much every month, quarteley etc! That way you sure committement
What I gather from this story I can deduce that Kesego was very arrogant when she left Debswana and probably showed Debswana the middle finger. I do beleiev that if she was humble they could have coome to some favoaurable agreement.
Le gone, how do you serve only 7 9months of your bond and expect to be leave without consequences
Ke gone mo go tweng “o tlhagolela leokana e re le gola le go tlhabe”
If the 55 year old just mentioned that she would pay it over two years, the Company should have made it their business to find how much the 55 year old would pay monthly
The same incident occurred when a 94 year old lady and her son owed money for a borehole, the lady’s husband passed on and the son took over the house. Nobody BOTHERED i.e. THE COMPANY TO ASK the son how much he could afford to pay and how would he pay it e.g. a regular amount every month
The 55 year old probably is now aware and one wonders if organisations e.g. the Consumer Council or Ombudsman are educating people- dont assume that everyone is aware!
Correction: The last paragraph should read:
The 55 year old probably is not aware and one wonder if organisations e.g. the consumer Council Or Ombudsman are effective in educating the ordinary people- Don’s assume that everyone is aware of their rights
would suggest that the attorneys try to take the matter another step up the ladder
The two incidents mentioned above should be taken as case studies by the Consumer Council or Ombudsman
its very clear that the daughter is selfish and self centered,the fact that she left her mother to be poor lyk this,
Forge the selfish daughter she will get her due one day
just concentrate on the 55 year old and if someone can come forward and assist her pick up the phone and contact rhe person who wrote the article and they will sign post you to the lady if any Womens Organisation can also come forward please do so you will be supporting others who will find themselves in need of assistance
It is so painful see this woman in this situation. A lot of people are fingerpointing Debswana but we should remember that the mother a surety and co-principal debtor. These things are well explained to the applicants before any signing is done. KESEGO is the one to be blamed for all this. She was very lucky to get the sponsor and to be sure that when she comes back she is going to be employed by Debswana. why couldn’t she work for 5 years and finish the bond then leave, and people must remember that she is a DOCTOR. She can afford to pay off the balance. Her mother should take legal action against her unless there is something that the mother is not disclosing. The lady has been called several times to come and work for Debswana to finish her bond payments and she did not bother.
Debswana normally helps the homeless, let them start with her if what they used to do is not a scam.
They made her homeless, so home her
Well well well very interesting to hear that this company assists the homeless but on the other hand they are making someone homeless probably being just hypocritical and trying to prop up their image
Comes back to the other point why did they not enter into an agreement with the 55 year old and to find out how much she would pay every month over the two years ????
Thank you Tyson for the info!
Shame Shame on Debswana
The 55 year old lawyer should question Debswana on how they assist the homeless but make a person homeless (ethics??)
the girl breached the contract but eish must a boe bona gr o tsentse mmagwe mo mathateng she had to work for debswana till a fetsa bond ga go tshamekiwe ka contract..i guess o tlogetse debswana ka makgakga thts y ba le harsh..sori mama
If Debaswana is honest in dealing with the homeless through charitable work and wants the diamond to sparkle and stay a girls best friend they could:-
Revert the decision
1. They can afford to give the new owner the P761, 883. 47 back
2. allow the 55 year old to live in the house and make sure she pays the money owed over two years as she wanted to
Do people realie they are putting a strain on the Housing Appeal for the homeless in the manner they are conducting themselves by just making quick decisions to auction off peoples homes without first seeing if they can afford to pay back the money owed while others are having their homes DEMOLISHED – please be civil in the way you conduct yourselves
There seems to be a lack of empathy coming from certain quarters especially when dealing with ordinary people
if you do not know what empathy is
“it is the ability to understand and share the feelings of another!”
hei, this is a very bad situation, wa bona gore rona ba humanegi ga re di bone this opportunity mo big companies like debswana.
please Debswana find out and get Kese to pay you back kana ko a goileng ga se ko marung kana osetse aiketse badimong, Gona le go sokodisa the old lady even a signn the papers hei bana ke mathata, mme re rutegile this time gare na gothusa bana they should get wat others get Govt sponser
Debaswana say that investing in their future Through its Corporate Social Investment Programme DEBASWANA TOUCHES THE LIVES OF MANY –
certainly not with the 55 year old they did not give her the chance to pay the money back and probably while paying the money back with the assistance of relatives she would be making contact with her daughter to sort the matter out.
Debaswana must practice what they PREACH
There is no mention of any relative assisting her to address the problem
the mother was trying to give her daughter future e botoka and situation e mosadi wa batho a leng mogo yone is very sad. Kese should come back she is the reason why here mum is going through all these. it will be a shame if the poor mother becomes homeless while the daughter is still alive. Kese should come back and sign a contract with Debswana bogolo a thuse Mmaagwe.
Jeso o bonolo