Public interest key to disputed P662m tender- Justice Lesetedi
Mpho Mokwape | Monday October 27, 2025 12:12
“The interest of the public must be the foremost concern and the outcome of the case should not focus on who wins, but rather on ensuring that public funds are used transparently and for the benefit of the people,” he said.
Judge Lesetedi emphasised that the role of the court is to ensure that public resources are used in a manner that benefits citizens and follow the law.
Additionally, he said, public procurement must always serve the people, because it involves public funds meant for public good.
His comments came as the government approached court seeking an expedited hearing to resolve the matter over the currently suspended controversial tender, which was intended to bring about digital learning, robotics, and coding to schools across Botswana. The case is a culmination of the discovery made that the Ministry of Child Welfare and Basic Education had awarded the tender to Emeritus Training Academy Botswana (Pty) Ltd.
The company it is claimed had only started operating for three months.
The contract, worth more than P600 million, was for the supply and implementation of an integrated e-learning system, early childhood education platforms, and teacher training solutions.
The decision to award the multi-million pula project to a newly established company raised concerns amongst other bidders and members of the public.
Emeritus’ competing company, Techboe (Pty) Ltd, then filed a court application challenging the award.
In court papers, Techboe argued it had been working with the Ministry for several years to develop e-learning systems and had presented its proposal as far back as 2018.
It said it was unfairly sidelined while an inexperienced one was given preference.
Techboe’s legal challenge also questioned the procurement method used.
It was revealed that the Ministry reportedly relied on direct procurement rather than open tendering, a process usually reserved for exceptional cases such as emergencies or situations where only one supplier is available.
Techboe further argued that the Ministry of Child Welfare and Basic Education failed to justify why direct procurement was used for a project of such magnitude and importance.
While matters stood unresolved, the Public Procurement Regulatory Authority (PPRA) later investigated the issue and found that the Ministry had not followed proper procurement procedures.
The PPRA stated there was no valid reason to use direct procurement and that key documents required by procurement regulations were missing.
It also noted that the Ministry had not confirmed the availability of funds before starting the procurement process, and that Emeritus had not provided proof of experience or capacity to deliver the project.
Following the discovery, the PPRA ordered the tender to be cancelled and directed the Ministry to start a new competitive process.
The Authority also referred Emeritus for possible suspension or blacklisting.
The Maun High Court subsequently issued an order suspending any further activity related to the disputed tender until the matter is fully resolved.
But the Ministry of Child Welfare and Basic Education, through its Permanent Secretary, denied that a final award had been made.
In court papers, the Ministry said reports suggesting that the contract had been awarded were incorrect, claiming that only a bid evaluation had taken place and that no official award letter was issued.
The Ministry also stated that it complied with the PPRA directive and suspended all procurement activities related to the project in August 2025.
The controversy surrounding the tender sparked public debate about transparency, fairness, and accountability in government tenders.
Many questioned how a newly formed company could secure such a large contract and whether proper checks were done to ensure value for money.
During court hearing the case has also raised concerns about the use of direct procurement in high-value contracts that could otherwise attract wide competition.
According to court documents, the e-learning project itself was designed to modernise education by introducing digital platforms in schools, providing tablets, developing coding and robotics curricula, and training teachers in new learning technologies.
The ministry in its bid to have the matter resolved said the project is urgently needed to help schools adapt to digital education, as delays caused by the legal dispute have put its future in uncertainty.
Judge Lesetedi said his remarks come as a reminder of the importance of fairness and transparency in managing public funds.
“In such matters, the outcome should not be about who wins the case but about ensuring that the interests of the public are protected. Procurement decisions must be guided by integrity, accountability, and adherence to the law,” he said.
The case remains before the CoA, and for now, e-learning tender is suspended. Ruling on the government’s expedited appeal is reserved.