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High Court throws out bidder for 'skipping' Tribunal

Gaborone High Court. PIC MORERI SEJAKGOMO
Gaborone High Court. PIC MORERI SEJAKGOMO

The High Court in Gaborone has struck off the roll an urgent application by Kgare Insurance Brokers (Pty) Ltd that sought to halt the execution of a multi-million pula short-term insurance brokerage contract awarded by the Botswana Power Corporation (BPC).

By overlooking the Public Procurement Tribunal, the court ruled that the company had bypassed the dispute-resolution processes mandated by the Public Procurement Act.

Handing down judgment on April 28, 2026, Justice Onkagetse Pusoentsi found that whilst the matter was inherently urgent because it involved a public procurement dispute, the court’s jurisdiction had been ousted by Section 113 of the Public Procurement Act, 2021. That provision requires a bidder to exhaust all internal dispute resolution mechanisms up to the Public Procurement Tribunal before approaching the courts.

Editor's Comment
Oh what a State funeral!

That rare sight deserves heartfelt praise, not only for President Duma Boko and his administration, but also for the Botswana Democratic Party (BDP), the Umbrella for Democratic Change (UDC), the Mogae family, and the entire country.President Boko’s decision to grant a full state funeral to a man who belonged to a rival party was a mark of true statesmanship. He recognised that national leadership carries a weight that belongs to the whole...

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