MEDIA STATEMENT
6 July 2021
MAJORO KNEW BUT DIDN'T ACT
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Frazer Solar wishes to provide clarity around statements made to the Public Accounts Committee (PAC) by former Minister Temeki Tsolo, former Government Secretary Moahloli Mphaka and ABC aide Mr Hlophe Matla, and to draw attention to contradictions in the evidence provided by Prime Minister Moeketsi Majoro to the South African court.
PAC
Following appearances at the PAC over the past week, the following claims have been made and reported on:
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Mr Matla stated that he never witnessed the agreement with Frazer Solar being signed.
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Minister Tsolo stated he never signed the agreement at all.
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Government Secretary Mphaka stated he never received any legal papers.
FSG reiterates that all stakeholders consulted – from the King and the Prime Minister, down to and including Mr Matla, Minister Tsolo and Government Secretary Mphaka – not only knew about the FSG project, but were vocally supportive of its ambitions.
On the express and explicit instructions of former Prime Minister Tom Thabane, Minister Tsolo categorically and in full knowledge of its substance signed the Supply Agreement, witnessed by Mr Matla and Ms Ntobaki on 24 September 2018.
Prime Minister Majoro’s Affidavit
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In a sworn affidavit submitted to the South African court, Minister Majoro outlines his version of events and the official GOL position. These are in direct contradiction to the statements made by Mr Matla, Minister Tsolo and Government Secretary Mphaka to the PAC.
Dr Majoro’s affidavit states that:
1. Mr Matla and Ms Ntobaki witnessed Minister Tsolo and Robert Frazer signing the Supply Agreement.
2. Minister Tsolo did sign the Agreement, but wasn’t authorized.
3. It is “improbable” that Minister Tsolo did not sign the Supply Agreement.
4. Government Secretary Mphaka confirms he received the legal documents but did nothing about it, forwarded them to no-one, informed no-one and acted only to “file them away.”
Majoro Knew but Didn’t Act
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In addition, Dr Majoro has directly contradicted himself. He has repeatedly said to the media that he had no knowledge of the matter until it become public on 18 May 2021. However, in his affidavit he acknowledges he did personally receive legal documentation on the case on 21 March 2021, almost two months beforehand (para 95.2).
He further acknowledges that neither he, the Government Secretary or Chief Legal Officer took any action and “that no steps were taken to oppose the matter” (para 95.5). This documentation related to the water royalties and due to Dr Majoro’s admitted inaction, FSG seized the water royalties unopposed.
Ends
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Notes to Editors
In January 2020, an independent arbitrator ruled in Frazer Solar’s favour concerning a series of contractual breaches committed by the Kingdom of Lesotho, related to a renewable energy project developed by the company. Lesotho was ordered to pay Frazer Solar €50 million in damages but failed to do so.
Consequently, in May 2021, Frazer Solar’s lawyers commenced a worldwide enforcement action against assets held by the Kingdom.