Mascom fights P1.9 million lawsuit over alleged information breach

Mascom Wireless has asked the High Court to dismiss a P1.9 million lawsuit over allegations that the mobile network provider’s negligence enabled fraudsters to access a customer’s confidential information and defraud his bank account.

The case, recently filed before the Gaborone High Court by businessman Muinuddin Tajbhai , alleges gross negligence on Mascom’s part, leading to a fraudulent SIM swap and unauthorised withdrawals totaling P1.4 million from his bank account.

Court filings show that Tajbhai claims Mascom failed in its duty of care, allowing third parties to gain access to his SIM card while he was out of the country between November 2024 and February 2025. He alleges that the fraudsters used the compromised SIM to approve banking transactions and gain control of his account.

In its defense, Mascom denies any liability. The company’s attorneys argue that Mascom “is not indebted to the Plaintiff in the sum/relief claimed, and/or owes the pleaded cause of action.” The lawyers contend that Tajbhai “fell victim to fraudulent acts of third parties” and that Mascom “did not breach any privacy and/or confidentiality between parties.”

“The Plaintiffs failed to secure their banking applications and information in order to exclude the possibility of being swindled by fraudsters,” Mascom’s legal team submitted. “To gain access to the banking accounts of the Plaintiffs, their confidential banking information had to be available to the fraudsters. The Plaintiffs were negligent in the handling of their banking information.”

The company further alleges that Tajbhai failed to act quickly to mitigate the fraud.

“The Plaintiffs failed to swiftly block or deactivate access to their mobile cellular numbers; therefore, the Defendant shall pray that Plaintiffs' action be dismissed with costs,” the defense argued.

However, Tajbhai insists that Mascom failed to implement adequate security protocols to protect the exclusivity of his SIM card and its associated mobile number, which he had used for several years. He claims the number was hijacked through a SIM swap, giving fraudsters access to sensitive personal and financial information.

“Third parties unknown to the Plaintiff were able to use the exclusive SIM card and its distinctive number registered with the Defendant, in breach of the Defendant’s duties to the Plaintiff,” Tajbhai states in his submission.

He accuses Mascom of breaching its legal and contractual obligations, including the duty to safeguard customer privacy and secure its communication infrastructure.

Tajbhai also claims the unauthorized SIM swap caused more than just financial harm. He says the breach resulted in emotional distress and personal humiliation due to the violation of his privacy.

“…on account of breach of his privacy relating to failure to ensure that the Plaintiff maintains exclusive usage of the SIM card and its assigned number, the Plaintiff has suffered emotional shock and loss of dignity on account of invasion of his right to privacy,” he argues.