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Awarding tender without budget haunts gov't

Gaborone Court of Apeal. PIC MORERI SEJAKGOMO Gaborone Court of Apeal. PIC MORERI SEJAKGOMO
Gaborone Court of Apeal. PIC MORERI SEJAKGOMO

What turns out to have been intended to appease voters ahead of the 2024 polls by the then-Botswana Democratic Party (BDP) administration is causing massive distress for the current government. The Umbrella for Democratic Change (UDC) government is currently trying all in its might to get a tender initially issued at P1.8 billion cancelled as it was awarded despite there being no funds to execute it. Even Motsamai Motsamai, the Assistant Minister for Water and Human Settlements and legislator for Charleshill, who promised his constituents potable water, is unable to convince government otherwise as the financial situation is dire.

Permanent Secretary in the Ministry of Water and Human Settlements, Bonolo Khumotaka, recently told the Public Accounts Committee (PAC) that they have approached the Court of Appeal (CoA) to cancel the award of the tender to TAWANA Joint Venture (JV) at P1.5 billion on the basis that 'there is no money'.

The dispute is around Tender No. POU/ MLWA/ DTS/ NCOJANE WATER SUPPLY WORKS/ 0158/ 09102023, a Works Contract for Detailed Designs and Construction of Ghanzi South & Kgalagadi North Villages Water Supply Project.

The tender was initially awarded to China Civil Engineering Construction Corporation and Zhong Gan Engineering and Construction Corporation (Botswana) (Pty) Ltd by the then-Permanent Secretary, Dr Kekgonne Baipoledi, at P1.8 billion under curious circumstances.

Tawana JV, consisting of G4 Civil (Pty) Ltd, Landmark Projects (Pty) Ltd and Asphalt Botswana (Pty) Ltd would then appeal the matter to the High Court where Justice Zein Kebonang awarded the tender to them.

This is because he could not trust the Ministry of Water and Human Settlements to do the right thing as they had proved to be biased when dealing with the matter before.

Following the award by Kebonang, the government and the Chinese contractors applied for leave to appeal.

Government failed to convince the High Court that they deserve audience with the CoA. This is despite the fact that other applicants in the matter, Chinese construction companies were granted their wish to appeal to the apex court in the same matter.

According to Kebonang, Baipoledi’s actions of initially awarding the tender to the Chinese whilst they did not qualify, was fatal to their case.

Justice Kebonang gave the Chinese contractors the green light to approach CoA because they might be right that the Public Procurement Tribunal had made a determination that was never brought before it in the initial case.

Responding to questions from Maun East legislator Goretetse Kekgonegile before the PAC, Khumotaka said the government is not in a position to continue with the tender.

This is despite the fact that Kebonang had shot down the reasoning on the basis that there was no way government could award a tender which it does not have money for.

Kekgonegile wanted an update on the project. “The court had ordered that the tender be awarded. But as you are aware of the financial situation, there is no new project that will be funded. Even the amount we were given by the Ministry of Finance was even less for us to continue with catering for ongoing projects. So it became a challenge for us hence we have escalated the matter to the CoA,” she said.

The MP expressed concern that it seemed like government would not have had qualms if it were given to a foreigner. However, Khumotaka dismissed the assertion stating that their concern was solely the availability of funds.

“Awarding a project when you do not have money can land you in trouble as you will have to pay huge interests going forward.

“Yes, we had awarded it, but it is really tight for us at the ministry and it would be unwise to go ahead and award it,” she said.