Public interest must prevail in P662m tender saga

Mmegi Editor | Monday November 3, 2025 06:00

It strikes at the very heart of how public funds should be managed and protected. As Justice Isaac Lesetedi rightly emphasised, public procurement cases must centre on public interest, not on who wins or loses. The Ministry’s baffling insistence on proceeding with this deeply flawed direct appointment of Emeritus Training Academy Botswana, despite clear findings of irregularities from the Public Procurement Regulatory Authority (PPRA) and court interventions, demands serious public scrutiny.

The Ministry’s use of direct procurement, a process intended only for exceptional circumstances, fails to meet the basic standards of justification required by procurement regulations.

The PPRA has confirmed that none of the conditions prescribed under Regulation 20 of the Botswana’s Public Procurement Regulations were met in this case. The Ministry’s claim that the award resulted from a “convenient encounter” during a benchmarking trip hardly constitutes one of the narrowly defined exceptions for which direct awards are reserved. Only in situations where only one supplier can possibly fulfil the requirement or cases of extreme and unavoidable urgency, such contracts may be awarded. The PPRA identified significant gaps and ambiguities in Emeritus Training Academy Botswana’s bid, noting risk areas for uncontrolled expenditure that could potentially cause costs to exceed the already substantial P662 million price tag.

Awarding one of the largest education contracts in recent memory to a company that cannot demonstrate its capability to deliver by outbidding others represents an enormous and unnecessary gamble with public funds. Beyond the immediate concerns about this specific tender lies a more fundamental threat to public trust in government institutions. When procurement processes appear tainted by preferential treatment or fail to follow established procedures, citizens rightly question whether their interests are being served. The principles of fairness, transparency, and accountability exist not as bureaucratic obstacles but as essential protections against waste, favouritism, and corruption. Therefore, the Ministry’s argument about the urgency of implementing digital learning does not justify bypassing these crucial safeguards.

As Justice Lesetedi noted, while time is of essence for the UDC government to implement its flagship programme, “the imperatives to comply with legislative requirements in public procurement are also an important factor”. Proper procurement processes and timely project implementation are not mutually exclusive goals, they must be pursued together to ensure both efficiency and integrity. As this case continues before the Court of Appeal, we urge all parties to remember Justice Lesetedi’s wisdom: The outcome should focus not on who wins, but on ensuring that public funds are used transparently and for the benefit of the people.