the monitor

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
Let the courts follow the money

“Law and order are the medicine of the body politic and when the body politic gets sick, medicine must be administered.”– B.R. AmbedkarThe amount of money at play threatens to test the integrity of the country’s financial system, giving more reason to why the courts must be fully given leeway to lean on the matter and reach a conclusion.Botswana has spent decades building her reputation as a stable and credible financial jurisdiction.The...

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