Justice delayed is development denied

Mmegi Editor | Tuesday December 9, 2025 08:09

The P300 million internal roads tender is a case study. A bidder’s complaint revealed alleged irregularities. A tribunal ordered a re-evaluation.

The council and the initial winner appealed to the High Court. Now, the Ministry of Local Government and Traditional Affairs, frustrated by the delay, writes to the council suggesting the tender be cancelled, and an alternative procurement model be explored, while the matter is still before the courts. This circular legal battle has paralysed a critical project, leaving severe congestion and hindered economic activity in its wake.

This is where the system fails the public. While courts must ensure due process, justice that moves at a glacial pace serves no one.

A presidential directive exists to expedite such cases, recognising that stalled infrastructure directly harms citizens. Yet, as Mogoditshane proves, directives are not enough. Cases still drag. Worse, ministerial suggestions to cancel tenders mid-process risk undermining the very procurement rules designed to ensure fairness and value for public money.

The recent words of Court of Appeal Justice Mercy Garekwe are both a rebuke and a blueprint. She ruled it imperative that public works tender matters be brought to a conclusive and expeditious resolution, noting the profound public interest at stake. The people waiting for these services deserve clarity, not endless legal manoeuvring.

Therefore, we call upon the judiciary to urgently act on this principle. A dedicated, fast-track process for disputes involving major public infrastructure is not a luxury, but a necessity. Courts must be empowered to prioritise these cases, set stringent timelines, and prevent hearings from being adjourned into oblivion.

The public interest must be an active factor in case management, not just a passing comment. Simultaneously, all public bodies, including ministries, must respect the judicial process. Attempting to shortcut it while a case is sub judice creates confusion and can erode confidence in the entire system. The rules are there for a reason.

The courts are the guardians of fairness in procurement. But their duty extends beyond the bidders in the courtroom to the taxpayers and citizens outside it. It is time for the wheels of justice to move with the urgency the public needs. Every day of delay is a day of denied development, economic loss, and community frustration.

“By acting compassionately, by helping to restore justice and to encourage peace, we acknowledge that we are all part of one another.”–Rahm Dass