At the centre of the latest dispute is an application before the High Court’s Justice Tapiwa Kganyago in which Tawana Joint Venture accuses government officials of failing to comply with judgments of both the High Court and the Court of Appeal (CoA), which the consortium says effectively cleared the way for it to undertake the major water infrastructure project. The consortium, made up of G4 Civils (Pty) Ltd, Landmark Projects (Pty) Ltd and Asphalt Botswana (Pty) Ltd, has also raised a preliminary legal challenge over the role of the Attorney General in defending two senior officials cited personally in the contempt proceedings. The applicants argue that the Attorney General does not have authority to represent Deputy Permanent Secretary Boikhutso Botlhole and Deputy Permanent Secretary Nchidzi Mmolawa in their personal capacities because, according to them, the requirements of Section 6 of the State Proceedings (Civil Actions by or against Government or Public Officers) Act have not been met. The respondents cited in the contempt application are the Accounting Officer of the Ministry of Water and Human Settlement, Botlhole, Mmolawa and the Attorney General.
The dispute originates from the Ncojane Water Supply Works project, one of Botswana’s biggest planned water infrastructure developments aimed at improving water supply in the Charles Hill and Kgalagadi North Districts. The project has been embroiled in litigation after Tawana Joint Venture challenged the procurement process and disputed the decision that prevented it from securing the tender. The consortium eventually succeeded in its legal challenge, with the High Court issuing orders in its favour. The CoA later upheld the decision. Tawana Joint Venture argues that the effect of those judgments was that the government was required to proceed with awarding and placing the contract in its favour.
