Moorosi Tsiane
A dispute between former business partners has ended up in the Commercial Division of the High Court, with businessman, Tlhalefo Moloi, accusing his former colleague, Moeketsi Williams, of diverting contracts and money from SM Consulting (PTY) Ltd to another company.
Mr Moloi has filed a lawsuit against Mr Williams and his company, Green Energy Logistics & Consulting (PTY) Ltd, claiming the alleged actions caused losses of more than M5.3 million to SM Consulting.
In court papers, Mr Moloi says Mr Williams secretly registered Green Energy Logistics & Consulting in July 2023 while he was still a director and shareholder of SM Consulting. He argues that this violated the shareholders’ agreement because the new company allegedly operated in the same line of business.
Mr Moloi is asking the court to declare Mr Williams a delinquent director, remove him as a shareholder of SM Consulting and bar him from serving as a director in any company for a period to be decided by the court.
He also wants the court to declare Green Energy Logistics & Consulting an unlawful competing business and order the Registrar of Companies to remove Mr Williams from SM Consulting’s records.
Green Energy Logistics & Consulting, Mr Williams, the Registrar of Companies and Attorney General Advocate Rapelang Motsieloa are listed as respondents in the case.
According to the court application, concerns about Mr Williams’ conduct arose between October 2023 and August 2024, leading to an internal investigation and his suspension on 26 August 2024.
“During or about October 2023 to August 2024, certain activities and transactions raised concern within the Applicant, which prompted an internal investigation which resulted in 2nd Respondent’s suspension on the 26th August 2024,” Mr Moloi’s court papers read.
“The investigation revealed a raft of irregularities and breach of duties on the part of the First Respondent which also bordered on sheer criminality.”
Mr Moloi claims the investigation uncovered several irregularities, including allegations that Mr Williams diverted projects and payments meant for SM Consulting into Green Energy’s bank account.
Among the claims is that Mr Williams allegedly presented Green Energy as a subsidiary of SM Consulting in order to secure structural assessment work for First National Bank Lesotho in Maseru.
“When First National Bank of Lesotho requested a quotation for structural assessment of its offices at the industrial area Maseru, Williams misrepresented Green Energy as a subsidiary of SM Consulting.”
The papers further allege that Mr Williams used SM Consulting’s credentials to secure work for Avani Maseru Hotel but redirected payments into Green Energy’s account.
“Although Williams had used SM Consulting credentials to score works for Avani Maseru Hotel, he directed payment into Green Energy’s account despite issuing invoices in the names of SM Consulting.”
Mr Moloi also alleges that payments linked to joint venture projects between SM Consulting and PlanTech Consulting Engineering for the Lesotho Highlands Development Authority (LHDA) were redirected into Green Energy accounts.
In another allegation, Mr Williams is accused of forging the signatures of environmental consultant Nthame Monare and project manager Tawanda Mdawarima during the Thaba-Tseka-Taung-Mokhotlong road upgrading project.
“Williams forged Nthame Monare and Tawanda Mdawarima signatures to invoice the Client and in the process diverted the payment due to Applicant in the amount of M175,560.00 into Green Energy’s account,” the court papers allege.
The lawsuit also claims that a vehicle bought during an LHDA joint venture project was registered under Green Energy instead of SM Consulting after the project ended.
Mr Williams is further accused of taking a laptop and specialised software allegedly bought by China Geo Engineering for use on a Roads Directorate project carried out by SM Consulting.
According to Mr Moloi, the alleged fraudulent and unauthorised transactions caused losses amounting to M5,362,761.34 and damaged SM Consulting’s reputation.
“As at the present moment, SM Consulting is no longer viable as it used to be and has since established that all work it used to qualify for is now executed by Green Energy.”
Mr Moloi is seeking an order compelling Mr Williams and Green Energy to repay the M5.3 million allegedly lost by SM Consulting.
Green Energy has not yet filed its response in court.
