This is despite the fact that other applicants in the matter, Chinese construction companies were granted their wish to appeal to the CoA in the same matter. According to Justice Zein Kebonang, former Permanent Secretary in the ministry, Dr Kekgonne Baipoledi’s actions of initially giving the tender to the Chinese while they did not qualify was fatal to their case. This comes after they alongside two Chinese construction giants China Civil Engineering Construction Corporation and Zhong Gan Engineering and Construction Corporation (Botswana) (Pty) Ltd approached Justice Kebonang seeking orders to set aside earlier decision by Justice Kebonang to award a P1.5 billion tender to Tawana Joint Venture. consisting of G4 Civil (Pty) Ltd, Landmark Projects (Pty) Ltd and Asphalt Botswana (Pty) Ltd. Following an award by Justice Kebonang, the government and the Chinese contractors bid together applied for leave to appeal. While they initially submitted their cases individually, the matter was consolidated and the accounting officer at the Ministry and Attorney General being first and second applicants respectively, while the two Chinese companies were third and fourth applicants and Tawana JV companies as respondents. This is because he could not trust the Ministry of Water and Human Settlements to do the right thing as they had proved to be biased when dealing with the matter before. Despite the bid having been almost P300 million cheaper and having passed all stages, Tawana JV was initially sidelined and the tender awarded to the Chinese companies (collectively referred to as China Civil here).
The dispute is around Tender No. POU/ MLWA/ DTS/ NCOJANE WATER SUPPLY WORKS/ 0158/ 09102023, a Works Contract for Detailed Designs and Construction of Ghanzi South & Kgalagadi North Villages Water Supply Project. Delivering his ruling on the matter, Justice Kebonang stated that the accounting officer and the Attorney General assail the judgment of his court on several grounds as it appears in their founding affidavit filed on March 14, 2025. In the said affidavit, they had uttered that the court erred in: issuing a judgment that had a serious implication on the fiscal stability of Botswana; failing to accord deference to other structures created by the constitution that have the sole mandate of ensuring fiscal stability of Botswana; the judgment did not align with the Constitution of Botswana in that the court awarded a P1.577 billion tender, which constituted the ninth largest expenditure allocation ahead of the Ministry of Trade and Entrepreneurship and 56% of the Ministry’s entire development budget for the 2025/2026 financial year; and that the court ignored the statements by the Minister of Finance in the discharge of his constitutional mandate that the country is facing a serious liquidity crisis amongst other things.
