As if that is not enough, the ministry and its leadership will be investigated for corruption as the Tribunal was left shocked at the discoveries that a lot of irregularities were discovered. Sadly for Ghanzi South and Kgalagadi North residents, it means further dry taps. The applicants in the matter, G4 Civils (Pty) Ltd, Landmark Projects (Pty) Ltd and Asphalt Botswana (Pty) Ltd collectively referred to as Tawana JV, stood aggrieved by the decision of the then Ministry of Lands and Water Affairs, not to award the JV 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. This was on the sole reason that the JV was disqualified during cost evaluation because the Accounting Officer determined that the JV's proposed price for establishment (P&Gs) exceeds 22.5% of the total tender amount (excluding any amount allowed for contingencies and escalation).
The applicants aver that they only proposed as their price for establishment the total sum of P191, 107, 939.64 and the accounting officer was wrong to use the total tender amount in the sum of Pl, 577, 362, 030.33 when the relevant formula in the ITT required that he uses the sum of Pl, 170, 106, 472.56, which in their view is the correct amount of the total tender amount (excluding any amount allowed for contingencies and escalation). Tawana JV further contended that following receipt of their complaint, the ministry did not afford them a hearing thereby breaching Section 104 (3) of the PP Act. They submitted that the Accounting Officer hastily rendered a decision on the complaint without affording them a hearing, wholly breaching Regulation 174. They approached the tribunal seeking the setting aside of the award decision and replacing it with an award decision awarding the Tender to their JV.
