Gov�t sued over Morupule B sale
Oarabile Mosikare | Friday April 21, 2017 17:10
On April 3, 2017 the BCP through attorney, Martin Dingake served the Attorney General (AG) with the papers.
The AG has been given 30 days to respond on the matter to which expiry, the claimant shall institute legal proceedings, costs of which shall be paid by the Ministry.
Dingake wants an order directing the Ministry to provide and disclose the process followed in identifying and selecting the preferred buyer and Government of Botswana (GoB) beneficial shares in Morupule B. He also wants an “order setting aside and declaring as unlawful and null and void, the sale and/or negotiations for the sale of the GoB beneficial rights and/or interest in Morupule B”.
Alternatively, BCP led by Dumelang Saleshando wants an order declaring that the system to identify CMEC for the purpose of acquiring the beneficial interest and shares and negotiating a possible acquisition of an interest of some sort in Morupule B, lacks transparency openness and is irregular and contrary to Botswana Procurement Laws and Regulations and good governance.
“An order interdicting restraining of GoB and/or CMEC from disposing off all or any shares and/or the GoB beneficial interest in Morupule. An order interdicting and/or restraining the GoB and/or CMEC from entering into any negotiations and/or alternatively to discontinue and negotiations centering of any disposal of all or any shares and/or the Botswana Government beneficial interest in Morupule B.”
The Government has opened negotiations and discussions on the acquisition, sale and disposal of its shares, interests and title into Morupule B Coal Mine with CMEC.
The BCP says the said acquisition, sale and disposal of shares is unlawful to the extent that it breaches transparency, openness and is irregular and contrary to Botswana Procument Laws and Regulations and good governance on the disposal of public assets.
In November 2016, Government appointed a team to negotiate a proposed acquisition of the 600 MW Morupule B power plant by the Chinese company. Mmegi has learnt that Government has opted for a preferred-buyer-approach instead of an open tender.
It tasked an inter-ministerial team to negotiate the divestment. According to a savingram dated November 4, 2016, the deputy permanent secretary at the Ministry of Mineral Resources, Nchidzi Mmolawa, led the team.