Members of Parliament (MPs) on Thursday reigned supreme when they rejected a supplementary budget proposal brought before parliament by Minister of Finance and Economic Development, Kenneth Matambo in order to finance the suspicious P900 million North-South Carrier II tender.
In a rare development, amid political unrest in the ruling party, a number of legislators from the Botswana Democratic Party (BDP) joined ranks with the opposition benches to reject the supplementary budget. After a spirited debate, coupled with ruling party caucuses at intervals, 26 MPs voted against the supplementary, with 24 voting in favour.
The North- South Carrier II Project which was not part of the current National Development Plan 11 was conjured recently by cabinet, with the several sources claiming that the tender was tailor made for a company that would later help fund BDP’s general elections campaign. The BDP has rejected this outright in a statement released a fortnight ago. The BDP recently made it public knowledge that the party is broke and that it will raise funds in order to finance its bid to retain state power. The party has pledged to go back to its members for finances.
The tender, which was initially valued at P700 million was later altered to P900 million before being awarded to Khato Civils. It has emerged from Finance and Estimates Committee, chaired by Member of Parliament for Francistown West, Ignatius Moswaane that the project did not have a budget, and that it was not conceptualised by the ministry as per procedure.
“The project had no urgency because it was going to be covered by the NS2 (North South Carrier 2). It is alleged that the Office of the President then became the sponsor of the project then put pressure on the Permanent Secretary to embark on the project,” the committee noted in its recommendations.
According to Report on Supplementary Estimates of Expenditure from the Consolidated and Development Funds from the Finance and Estimates Committee Financial Paper No. 1 of 2019/2020, the Minister should have motivated for the inclusion of the project into the NDP 11 first through the midterm review.
The report also indicate that with the commissioning of the Pump Station 4.1 to increase the water volumes, further pumping and injections of Masama water into NSC1 will have not been possible. What came out clearly was that, with Pump Station 4.1 in action, Masama would need a separate pipeline if it is to be pumped, the committee resolved. The report also rebuffs the involvement of the Directorate of Intelligence and Security Service (DIS) in projects’ and contractors. It indicates that the DIS issued directives to the Ministry which led to the cancellation of one of the NSC11 tenders.
“What the Ministry out to have done was to have given the contractor an opportunity to advance its justification to proceed with the works instead of cancelling the contract immediately,” said the report. The committee is of the view that the NSC 11 projects would have been at an advanced stage had it not been for the involvement of DIS. According to Moswaane’s report Water Utilities Corporation Management Tender Committee had flaunted the Procurement procedures by evaluating and awarding a tender without first securing the project funding.
“The procedure is that you first secure the budget because the process of tendering is expensive and one should not incur such costs or commit government without assurance that the project will proceed or be funded,’’ the report said. The WUC Management Tender Committee evaluated the tender in June 2018, and Khato Civils was deemed the lowest cost priced amongst the 3 bidders which had proceeded to this stage at a contract price of P781 555, 356. 90.
This price was above the initial project budget of P750 000 000 by P31, 555, 356.90 (4.2%). The Management tender Committee awarded the tender to Khato Civils pending contracting. “This process was procedural as the Presidential Directive was also clear in who should undertake the pre- tender and pre- contracting process. It has not been adequately explained why the Ministry needs P900 000 000 for the project that was awarded at an escalated value of P781 555, 356. (From an original budget project of P 750 000 000)”.
On awarding the tender to Khato Civils, the bidder was further advised of the condition of the award as relating to the fixed prices and non-escalation of costs as per the approved bid. Cabinet members were reportedly divided over the awarding of the project but they were overruled and the matter was put to bed by authorising the award of the tender to Khato Civils at P900 million.
Moswaane on Thursday told parliament that he was aware, and that he had information indicating that the tender had already been awarded. This was despite the fact that Minister of Finance and Economic Management, Kenneth Matambo claimed that the tender was yet to be awarded, according to his knowledge. The awarding of the tender is also linked with the departure of Chief Executive Officer (CEO), of WUC, Mmetla Masire weeks ago after he reportedly disapproved the purchasing of the pipes directly from China.
Masire was reportedly adamant that the pipes can be sourced readily available in Botswana and South Africa, instead of being procured in China, sources said. It is said that procurement of pipes went on even though the budget was not approved by the ministry because other stakeholders we not on board when the decision was made. Sources indicate that some funds which were allocated to refurbish Lobatse Water Reticulation Infrastructure were diverted to seal the deal between the Ministry and Khato Civils.
The tender entails refurbishing the North South Carrier 1 (NSC-1) Pump Stations PS 1.1 (Tender WUC013 of 2017) and PS 2.1(Tender WUC013 of 2017) to enhance efficiency. The main objective is to upgrade and refurbish the Pump stations in order to provide required water outputs to BPT1A1 and BPT2A1, respectively. This scope of works cover general requirements for assessment, supply, delivery and installation of Mechanical, Civil, Electrical, Control Equipment, Instrumentation Equipment, Actuators, Associated Accessories, and documentation (drawings and manuals).
Khato Civils / NTR Technology Holdings JV (KCNTRJV) having demonstrated in their tender proposals that they have the technical, financial and managerial skills to complete the Contracts successfully was appointed on an EPC basis by the Water Utilities Corporation (WUC) of Botswana on 16 February 2018 for the refurbishment of Pump Stations PS1.1 and PS2.1 located on the North- South Carrier 1 pipeline. The Contracts valued at BWP 101, 767,567. 33 and BWP 93, 451, 640. 26 are running simultaneous and must be completed within 15 months ending on 12th August 2019.
Pump station PS1.1 is situated at Letsibogo dam, while Pump Station PS2.1 is situated approximately 32.6km downstream from Letsibogo dam, at Moralane, together with Break Pressure Tank 1 (BPT1A1). Both pump stations are currently running with Constant Speed Drive Pumps. One of the activities embedded in the upgrade and refurbishment of the two pump stations is to change from Constant Speed Drive Pumps (Roto- Starter) to Variable Speed Drive (VSD) Pumps. For correct and accurate VSD pump selection, good understanding of the condition of the current NSC-1 pipeline system, working in synergy with the two pump stations is required.
This project covers all equipment in the Pump Stations, including modification of the suction and delivery pipe work and construction of a building to house Variable Speed drive units. The second requirement is for the Scheme SCADA upgrade, engineering and configuration to cater for all changes which have been effected at the pump station to allow for monitoring, control, data acquisition and automation in order to enhance operational efficiency of the scheme.
What MPs said
P900million is a tremendous quantum of resource so even in our debates we should not be scanty because no one has given us cost benefit analysis. I have no basis of approving these projects. There are litigations issues in other projects so there is a possibility there could be hidden information on this one. We have a DIS institution which I have always categorised as rogue because of the way our government is structured. We need to have oversight institutions not interference and between the two I will prefer listening to an oversight authority. I will not support the P900 million projects.
No one has ever said that the people do not need water, they do and we need to provide them with that as a resource. So as MPs our task here is to release the funds not to be tender adjudicators. If you want to be a tender adjudicator you can go and leave this house, here our job is to pass laws. Let’s release the funds then if anything the relevant authorities will assess the tendering process. Like it or not we will pass this so that our people get the water they so need.
Our people in Nata-Gweta, Kutamogoree, Molepolole and Palapye need water and we should provide that to them. But my main concern is the P900 million. To me this is very high and we should not be spending so much while there are other needs that the voters need. Some of these things we know them, we have been sub-contractors before and right now we cannot justify how we arrived at this amount because it is very simple. Personally I approve the project for Batswana across the nation to be availed water but I do not approve the amount needed for the project.
We need to draw water for Batswana. We spend between P300K and P400K on water bowsing daily in all the 18 constituencies. We want to increase quality of water supply and we are not going to be cancelling the National South Carrier 2. We have a delay on Mmamashia plant and we are trying to find a new solution on this issue because water demand is growing.
Khato Civils has been awarded the tender despite the minister dismissing that fact. I can even avail minutes of that meeting when the tender was awarded because it is said it was a presidential order. So the minister is misleading this house when he says the tender is yet to be awarded. So I stand by the committee (estimates) recommendations. The minister should also tell this house that Water Utilities is not supposed to award tenders as per the PPADB Act. But PPADB officials have told us that Water Utilities has refused to furnish them with a vetting letter since 2016. So this project with this huge amount should not be allowed to pass.
An international report complied in South Africa dubbed ‘Legal Gender Recognition in Botswana’ says that the transgender and gender non-conforming people in Botswana live a miserable life. The community experiences higher levels of discrimination, violence and ill health.
In this report, it has been indicated that this is because their gender identity, which does not conform to narrowly define societal norms, renders them more vulnerable. Gender identity is a social determinant of health, which means that it is a factor that influences people’s health via their social context, their communities and their experiences of social exclusion. The Ministry of Health and Wellness has recognized this, and transgender people are considered a vulnerable population under the Botswana Second National Strategic Framework for HIV and AIDS 2010-2017.
In a recent study that shed light on the lived experiences of transgender and gender non-conforming people in Botswana, transgender persons often experience discrimination because of their gender identity and expression. The study was conducted by the University of Cape Town, LEGABIBO, BONELA, as well as Rainbow Identity Association and approved by the Health Ministry as well as the University of Botswana.
Of the 77 transgender and gender non-conforming people who participated in the study, less than half were employed. Two thirds, which is approximately 67% said that they did not have sufficient funds to cover their everyday needs. Two in five had hidden health concerns from their healthcare provider because they were afraid to disclose their gender identity.
More than half said that because of their gender identity, they had been treated disrespectfully at a healthcare facility (55%), almost half (46%) said they had been insulted at a healthcare facility, and one quarter (25%) had been denied healthcare because of their gender identity.
At the same time, the ‘Are we doing right’ study suggests that transgender and non-conforming people might be at higher risks of experiencing violence and mental ill-health, compared to the general population. More than half had experienced verbal embarrassment because of their gender identity, 48% had experienced physical violence and more than one third (38%) had experienced sexual violence.
The study showed that mental health concerns were high among transgender and gender non-conforming people in Botswana. Half of the transgender and gender non-conforming study participants (53%) showed signs of depression. Between one in four and one in six showed signs of moderate or severe anxiety (22% among transgender women, 24% among transgender men and 17% among gender non-conforming people).
Further, the study revealed that many had attempted suicide: one in three transgender women (32%), more than one in three transgender men (35%) and three in five gender non-conforming people (61%).
International research, as well as research from Botswana, suggests that not being able to change one’s gender marker has a negative impact on access to healthcare and mental health and wellbeing. The study further showed that one in four transgender people in Botswana (25%) had been denied access to healthcare. This is, at least in part, linked to not being able to change one’s gender marker in the identity documents, and thus not having an identity document that matches one’s gender identity and gender expression.
In its Assessment of Legal and Regulatory Framework for HIV, AIDS and Tuberculosis, the Health Ministry noted that “transgender persons in Botswana are unable to access identity documents that reflect their gender identity, which is a barrier to health services, including in the context of HIV. In one documented case, a transwoman’s identity card did not reflect her gender identity- her identity card photo indicated she was ‘male’. When she presented her identity card at a health facility, a health worker called the police who took her into custody.”
The necessity of a correct national identity document goes beyond healthcare. The High Court of Botswana explains that “the national identity document plays a pivotal role in every Motswana’s daily life, as it links him or her with any service they require from various institutions. Most activities in the country require every Motswana to produce their identity document, for identification purposes of receiving services.”
According to the Legal Gender Recognition in Botswana report, this effectively means that transgender, whose gender identity and expression is likely to be different from the sex assigned to them at birth and from what is recorded on their identity document, cannot access services without risk of denial or discrimination, or accusations of fraud.
In this context, gays and lesbians advocacy group LEGABIBO has called on government through the Department of Civil and National Registration to urgently implement the High Court rulings on gender marker changes. As stated by the High Court in the ND vs Attorney General of Botswana judgement, identity cards (Omang) play an important role in the life of every Motswana. Refusal and or delay to issue a Motswana with an Omang is denying them to live a complete and full-filing life with dignity and violates their privacy and freedom of expression.
The judgement clarified that persons can change their gender marker as per the National Registrations Act, so changing the gender marker is legally possible. There is no need for a court order. It further said the person’s gender is self-identified, there is no need to consult medical doctors.
LEGABIBO also called on government to develop regulations that specify administrative procedure to change one’s gender marker, and observing self-determination process. Further, the group looks out for government to ensure members of the transgender community are engaged in the development of regulations.
“We call on this Department of Civil and National Registration to ensure that the gender marker change under the National Registration Act is aligned to the Births and Deaths Registry Act to avoid court order.
Meanwhile, a gay man in Lobatse, Moabi Mokenke was recently viciously killed after being sexually violated in the streets of Peleng, shockingly by his neighbourhood folks. The youthful lad, likely to be 29-years old, met his fate on his way home, from the wearisome Di a Bowa taverns situated in the much populated township of Peleng Central.
CEO of Khato Civils Mongezi Mnyani has come out of the silence and is going all way guns blazing against the company’s adversaries who he said are hell-bent on tarnishing his company’s image and “hard-earned good name”
Speaking to WeekendPost from South Africa, Mnyani said it is now time for him to speak out or act against his detractors. Khato Civils has done several projects across Africa. Khato Civils, a construction company and its affiliate engineering company, South Zambezi have executed a number of world class projects in South Africa, Malawi and now recently here in Botswana.
About ten (10) Umbrella for Democratic Change (UDC) parliamentary candidates who lost the 2019 general election and petitioned results this week met with UDC Vice President, Dumelang Saleshando to discuss the way forward concerning the quandary that is the legal fees put before them by Botswana Democratic Party (BDP) lawyers.
For a while now, UDC petitioners who are facing the wrath of quizzical sheriffs have demanded audience with UDC National Executive Committee (NEC) but in vain. However after the long wait for a tete-a-tete with the UDC, the petitioners met with Saleshando accompanied by other NEC members including Dr. Kesitegile Gobotswang, Reverend Mpho Dibeela and Dennis Alexander.