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Companies sue BFA

Publishing Date : 04 June, 2019

Author : MOSIMANEGAPE TSHOSWANE

A gentleman’s agreement has landed Botswana Football Association (BFA) at the courts of law after three companies grouped themselves to sue for what they term as ‘unfulfilled promises.’


WeekendSport establishes that the trio of Axis studio, Boipuso De Witt Consulting and Boaba Investments, all with different working portfolios, claim that BFA has ignored and abandoned them after they rendered specified services sometimes in March of 2017. The crux of the matter is that BFA had engaged the three companies to help in the pre- developmental phase before building a football academy.


It is further said that Boaba Investment, who happens to be the third complaint in this case, entered into an oral agreement where they were to involve the services of Architects; Quantity Surveyors, Civil and Mechanical and Electrical Engineers who would provide their services on a risk basis during pre-developmental phase. The agreement meant that there would not be any payment fees.


According to the understanding of this publication, this was solely executed with the knowledge that Architects and Quantity Surveyors would be appointed for the final development phase of the project. With this in mind, all companies involved believed when accepting the contract will become a party to the agreement be entitled to claim from the association.


Furthermore, the companies all agree that by accepting the conditions of the agreement, they were also taking in the fact that they will be considered and appointed in the final development phase of the project. These companies also claim that their services provided on a risk basis were used by the association to secure funding.


“ The association involved  Axis Studio as Architects and Boipuso De Wittt as Quantity Surveyors  throughout the pre-developmental stages and both companies rendered to the association services that were required,’’ a paper complaint state. It is further argued that in October 2017, as the project was in the final stages of the pre development phase, the BFA had a meeting with its funders, whereupon it was agreed that the companies be considered and appointed for the final development phase.


As a result of this, the companies would later make presentations to the funders, it is claimed. Despite this agreement, the companies are now arguing that BFA failed to appoint them and that is a clear breach. With this failure by the association, the companies argue that they are entitled to payment in full for the services rendered. In July of last year, the three companies engaged BFA and advised them to comply with terms of the agreement.


As the struggle to reach a common ground continued, on August of last year, a meeting was set to resolve the issue and nothing concrete came out. “We were neither remunerated for all the services rendered during the pre-development phase or engaged for the final development phase,” they say. All the three companies demand that BFA pay money amounting to P 4.626.179.01. The amount shall attract an interest of 10 percent annually should BFA continue to pay. Efforts to solicit a comment from BFA’s communication department proved futile as they say there cannot remark on matters already before jurisdiction.

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