PPRA rebuffs Boko's direct tenders
Goitsemodimo Kaelo | Wednesday September 3, 2025 10:19
PPRA recently ordered the cancellation of the disputed Ministry of Child Welfare and Basic Education P662m direct tender and directed the ministry to use competitive bidding methods for this project, and/or sufficiently test the market before any short-listing of potential bidders. PPRA joins other government bodies in differing with Boko on public procurement.
On Friday, PPRA, the authority that enforces public procurement, released a statement directing the ministry to cancel the procurement activity for the Implementation of an Integrated STEAM E-Learning Solution, Early Childhood Learning Solution, Coding & Robotics Solutions & Teacher Capacity Building with immediate effect.
The authority indicated that following an investigation into the tender, which has also become a subject of a legal matter, the tender was cancelled for inappropriate and unjustified use of the direct procurement method, and for failure to adhere to prescribed procurement processes by the procuring entity.
The authority directed the ministry to secure funding for this project before any re-tendering that may occur and establish an appropriate structure for the management of this project. It also directed the ministry to develop appropriate terms of reference for this project and ensure that the scope is sufficient, and to manage all project risks. Furthermore, it directed the ministry to use competitive bidding methods for this project, and/or sufficiently test the market before any short-listing of potential bidders.
Additionally, the ministry was directed to ensure the separation of duties and independence of function in the execution of the procurement functions for any procurement activity. The authority's orders indicate that the authority differs with the President on his favourite direct bidding. PPRA is not the first to differ with Boko on this matter. Responding to a question in the August House, Vice President Ndaba Gaolathe said that direct appointment is the least preferred method in public procurement, as it stifles competition, which is a basic principle of public procurement.
He told Parliament that, in line with Section 53 of the Public Procurement Act, the most preferred method of procurement is the Open Domestic Bidding method. “In line with Regulation 20, direct appointment should only be used under exceptional circumstances where there is no room for competition due to limited potential contractors or where circumstances do not allow for open bidding,” he said.
Gaolathe, who doubles as the Minister of Finance and Vice President (VP), was responding to a question from Okavango West legislator Kenny Kapinga, who had asked what the government has implemented to deal with corruption in procurement, particularly inflation of prices and substandard work, and whether the adoption of direct appointment in awarding of tenders is not going to exacerbate the problem.
Gaolathe is not the first person to differ with Boko on public procurement. Permanent Secretary (PS) in the Ministry of Finance, Tshokologo Kganetsano, told the parliamentary oversight body, Public Accounts Committee (PAC), that even though there is a provision for direct appointment in the Procurement Act, the government’s position is that it prefers open bidding. The Auditor General’s report released earlier this year noted that direct tendering constitutes an unfair advantage over other service providers who are not allowed to compete.
There has been public debate over the awarding of tenders, after President Boko insisted that he favours direct appointment over the established open bidding. Since he took over the biggest office in the land last year in October, Boko has not shied away from emphasising his intention to adopt direct appointments and 'do away with outdated tendering regulations' that he says delay progress.
In a series of public addresses over the past few months, Boko has convinced Batswana that public procurement is one of the most corruption-prone government activities. Instead of open tendering, where any eligible business can bid, Boko wants direct tendering, where he will select a single supplier without competition.