The rules of procurement must be respected

The Monitor Editor | Wednesday September 3, 2025 10:01

The court’s decision to halt the direct award of a massive contract for e-learning solutions exposes a deeply troubling disregard for the rules designed to protect public funds.

As Justice Bugalo Maripe made clear, the Ministry of Child Welfare and Basic Education failed spectacularly to justify bypassing competitive bidding. Its reasoning, that a mere convenient encounter with a preferred company was rightly dismissed. The failures by the tender are shocking: no confirmed budget, missing documentation, and a lack of transparency that shut out other qualified companies. This was not just a minor procedural error; it was a fundamental breach of the duty to secure value for money for the taxpayer.

This case highlights the grave dangers of misusing direct appointment. When procurement is unplanned and poorly conceptualised, as the judge found, the contractor effectively dictates terms. This leads to uncontrolled costs and massive risks for the government, all but guaranteeing that the final price will balloon far beyond the initial estimate. Furthermore, the serious allegations against the awarded company, now referred for investigation, show how a lack of competition can enable misrepresentation and undermine the principles of citizen economic empowerment.

The consequences are twofold. First, there is the direct financial cost of restarting a complex procurement process from scratch, wasting precious time and resources. Second, and more tragically, vital projects that could transform children’s education are now delayed indefinitely. It is the nation’s youth who ultimately pay the price for this incompetence.

This judgment must serve as a turning point. All accounting officers and procurement officials must heed this lesson. The Public Procurement Act is not a guideline; it is the law. Its processes exist for a reason: to ensure fairness, foster healthy competition, prevent corruption, and guarantee that every pula is spent wisely.

We call on all stakeholders to recommit to these principles. Procuring entities must only use direct appointment in the strict, narrow circumstances the law allows. The Public Procurement Regulatory Authority must strengthen its oversight. And legitimate local businesses must continue to hold the government to account when the rules are broken.

Only through strict adherence to transparent and competitive procurement can we avoid such costly blunders and ensure important projects deliver their intended benefits for all Batswana.