The Corporation started rolling out smart meters in May 2024 year which was expected to cost P1.5 billion. Now part of the tender is affected by legal battles after the WUC outsourced its supply to the manufacturer of the meters, Hitong Holdings. Hitong Holdings is battling with another company, Melco Structure and Civil Engineering over the tender. As a result, WUC has been caught in the middle, creating uncertainty around the tender and its progression. In a recent ruling, Gaborone High Court judge Zein Kebonang confirmed the temporary interdict he issued on December 6, 2024, regarding the disputed tender. The temporary interdict was after Melco Structure accused Hitong Holdings of failing to pay them despite doing work for them which resulted in the latter winning the multi-million pula smart meter tender.
The two companies entered a legal battle after Melco Structure wanted to be paid for the work it provided to Hitong Holdings, the manufacturer of the smart meters and tender holder. According to Melco Structure’s reasons for taking Hitong Holdings and WUC to court, it had a distribution agreement entered into between them. Under the terms of the agreement, it was given an exclusive mandate to advertise, market, and solicit clients and for the sale of Smart Water Metres manufactured by Hitong Holdings. In a ruling issued last Monday, Justice Kebonang explained that he found it sufficient that some injury or harm would result, as the exclusion of the Melco Structure from the awarded tender currently performed by Hitong denies it the right to earn an income from the tender. “This is where the harm or injury is. On the balance of convenience, this relates to prejudice in terms of whether the applicant will suffer more prejudice than the respondent if the interdict is not granted. That balance certainly favours the applicant,” Kebonang said.
