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Thite, the P272 million tender, and conflicts

Botswana Democratic Party (BDP) legislator, Karabo Gare and parliamentary hopeful John Thite are caught up alongside businessman Nicholas Zakhem in a tender dispute amounting to P272 million.

Fresh information reaching WeekendPost suggest that businessmen-cum-politicians— John Thite and Karabo Gare are both implicated in a controversial tender that siphoned over P 272 million from Government in 2017.  The money spinning tender at the centre of controversy was for the construction of roads, bridges and storm water drains and paved parking areas in Tutume village.  According to a close source there were a lot of irregularities and flouting of the evaluation procedures as stipulated in the LAPAD Regulations in the tender process.

According to the invitation to tender as specified in the Volume 2 page 12, the method of evaluation of to be applied on responsive Bids was to be Quality and Cost Based Selection in accordance with Regulation 72 sub regulation 1 of the LAPAD Regulations. The tender closed on the 16th February 2017 and the Bids were opened in the presence of Bidders who attended the tender opening. 

Bid prices of all submitted tenders were opened and announced by the engineer. Another irregularity is that by opening the bid prices at tender opening by the Engineer violated Regulation 72 sub regulation 1 of the LAPAD Regulations which states in summary:
“A quality and cost based selection method is the evaluation method which takes into account both the quality and the cost of a bid process where a technical bid is first evaluated without prior access to the financial bid”.

According to the tender process, in accordance with these regulations the Evaluator was supposed to follow work in the following manner to comply with the Quality and Cost based evaluation criteria: At tender opening, the Engineer was supposed to open the Technical Component of the Tender only and announce the submitted bids without opening the financial bids.

 Upon completion of evaluation of the technical bids, bids that did not achieve the minimum score specified on page 18 of the evaluation criteria were to be eliminated from further evaluation. The engineer was then notify all bidders to the opening of financial bids for bids qualified in the technical evaluation. On completion of evaluating the financial bids the Evaluator was to combine the weighted Technical Scores and Finical scores to identify the best evaluated bidder.

Bango Trading wrote to Public Procurement and Asset Disposal Board (PPADB) requesting them to intervene and stop the contract award process and instruct the procuring entity, Central District Council to re- evaluate the tender based on Least Cost Evaluation Criteria.
During the pretender site visit the procuring entity, Central District Council disclosed the project budget to be P 290 000 000. 00 and indicated that only bidders who were within the 10 percent range of this budget would be considered for award.

According to the debriefing, Bango Trading (Pty) Ltd bid was evaluated high technically and scored lowest within the 10 percent of the budget.  Hence Bango Trading (Pty) Ltd deserves to be awarded the contract based on Least Cost Evaluation Criteria. Bango Trading bid was P 264 189 413.47 against the best the best evaluated bid price of P 272 373 310.96 which is a saving of P 8 188 897.49 to the client. A cost saving of this magnitude was not considered was not considered as insignificant as the Engineer perceived in his remarks as this is investment which the client could have saved.

The concern was that regulation 78 (1) and (2) of the LAPAD Act was not taken into consideration to determine whether the best evaluated bidder has the capability and into account to determine whether the best evaluated bidder has the capability and resources to effectively carry out the contract. The best evaluated bidder has not carried out projects of similar magnitude in recent years and tax payers money are being put to risk in proceeding with the award of contract to them.

While responding to an appeal by Bango Trading, PPADB wrote “The contents of the letter were duly considered by the Board at its sitting of the 17th August 2017, and it was noted that you request PPADB to intervene and stop the contract award process and instruct the procuring entity, Central District Council to re- evaluate the tender based on Least Cost Evaluation Criteria.

When considering the appeal, the Board further noted the complaint has been before the Appeals Board, however it did not exhaust the process as stipulated by section 24 of the Local Authorities Procurement and Asset Disposal (LAPAD) Act. In light of this, the Board therefore advises that Bango Trading (Pty) Ltd should follow the complaint Resolution process as per the LAPAD Act, also in line with the ruling by the Appeals Board”.

One of the Central District Council Principal Engineers allegedly assisted a construction company owned by a newly crowned BDP parliamentary hopeful for Gantsi North and tenderpreneur, John Thite to win the multi- million-pula tender in Tutume. The company known as Thiite Rabble Screeners, owned by Thite was awarded the P272 million tender for the infrastructural development in Tutume when the said company was allegedly did not qualify because at the time of tendering a garnishee order was issued against it. It became apparent that Thiite Rabble Screeners was also working with Zac Construction owned by Nicolas Zakhem.

According to close sources John Thiite was given P 8 million as a compensation for the tender and the company has an office in CBD iTowers owned by Zakhem. An eye witness account confirmed to WeekendPost that John Thite funded Karabo Gare, a Member of Parliament for Moshupa- Manyana who was replacing President Mokgweetsi Masisi with P 200 thousand which was withdrawn at FNB opposite White City in Gaborone. It is alleged that the money was inside Thite’s car during his rally in Moshupa. A senior investigator in the matter has since been transfered.  

The DCEC Chief Investigator in the matter Eugene Wasetso who was investigating the case has since been transferred to Ministry of Health. It is also alleged that Nicolas Zakhem of Zac Construction has interests in Haas Consult a consultancy company that was in charge of the project. A close source to the developments said Zac Construction is currently paid directly by CDC even though they were sub contracted by Thiite Rabble Screens. The matter was reported to DIS and the then DIS Director Isaac Kgosi confirmed that the matter was reported but they never followed up.

It is also alleged that a fraudulent transaction was made with one of the local banks while securing the citizen 5% Performance Bond and the bank worker has been suspended from work pending investigations into the matter. In July last year Thite was also arrested for questioning by the DCEC for him to account for the role that he is alleged to have played in the questionable Tutume Sub District tender.

Contacted for comment Moshupa- Manyana Member of Parliament, Karabo Gare disputed the allegations saying the maximum amount he received from John Thite was P 2000. 00 for fuel. Gare said he has no relations with Thite except that they are both members of the ruling Botswana Democratic Party (BDP). Moshupa- Manyana MP said sometime last year during his campaigns Thite fuelled his cars with Diesel at Shell Filling Station with his company account and gave him P 2000 00. “I only read of his alleged corruption in newspapers”, he said.

Contacted for comment Nicolas Zakhem of Zac Construction said they had given quotation to Thiite Rabble Screens during the tender stage to carry a specialized work for constructing 3 Bridges on piles, plus bridges approaches and furthermore they have agreed to lease to Thiite Rabbles part of equipment which might be needed on the project. According to Zakhem all the above were included in Thiite tender submission. “I can say that Thiite didn’t front for us. Moreover the above said project has different subcontractors, plus Thiite’s own equipment”.

Zakhem said he does not know Karabo Gare and they have never met before. As for his relation with Thiite, he described it as purely professional through the Tutume project. He said the office in question which he allegedly gave to Thiite’s company at his CBD iTowers since 2014, was an office space measuring a total area 34 square meters, consisting the office space of an open room and bathroom is leased to Thiite Rabble Screens.

Moffat James of Bango Trading said according to debriefing, Bango Trading (Pty) Ltd bid was evaluated high technically and scored lowest within the 10% of the budget. Hence Bango deserved to be awarded the contract based on Least Cost Evaluation Criteria. He said they appealed twice but they were told that the Appeals Board decision is final. He however noted that the Chairman of the Appeals Committee Keletso Rakhudu and his Secretary were conflicted and could not have attended the Adjudication Committee and that they acknowledged the mistake. He also noted with concern that both Nicolas Zakhem and Tony Rees are both Directors of Haas Consult hence they are conflicted in the matter. 

Ghanzi parliamentary candidate John Thiite could not be reached for comment as his phone ran unanswered after he told WeekendPost that he is in Ghanzi and will call back which he never did. Employees at his CBD Office said he will be in sometime next week but could not specify the exact day of arrival.

It is also alleged that Thiite Rubble Screens (TRS) did not meet the criteria of ERB at site visit which was part of the tender requisites. All companies attending the site visit should be registered with Engineers Registration Board (ERB). In a letter they wrote to Thiite Rubble Screens on 11 February 2019, ERB noted that TRS is practicing engineering without being registered with ERB or not holding a valid practising certificate. The Engineers Registration Board is charged with promoting highest standards of engineering practice, and protection of the welfare and interest of the public in the engineering practice.

“Therefore, the Engineering Registration Board hereby serves notice on you to submit an implication for registration within 7 days of service of this letter upon you, failing which the Board shall institute legal proceedings against you or obtain a court interdict restraining you from practicing engineering. This is a civil proceeding that does not preclude criminal complaints being lodged with the police and their subsequent prosecution”.

The letter which was signed by Dennis Olaotse, ERB Registrar/CEO and copied to Managing Director conclude that this matter be treated with the seriousness it deserves given that their employer may be forced to dismiss them to take a leave of absence pending your registration with the Engineers Registration Board and securing a valid practicing certificates.

This reporter called John Thiite for over three weeks to get his side of the story but to no avail. Thiite has been uncooperative sometimes claiming he is in a meeting and would cut the call but will later answer a different number from the office. We have since written him messages on WhatsApp as well as his phone messenger but he has not replied to date.

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Details emerge in suspected Batswana poachers in Namibia

28th June 2022
suspected Motswana poacher arrested

New details about a suspected Motswana poacher arrested in Namibian and his accomplice who is on the run were revealed when the suspect appeared in court this week.

The Motswana Citizen who was shot and wounded by Namibia’s anti poaching unit is facing criminal charges under criminal case number (CR NO 10/06/2022) which was registered at the Divundu Police Station in the Mukwe constituency of the Kavango East Region on 10 June 2022.

It is alleged that a patrol team laid an ambush after discovering a giraffe’s fresh carcass in a snare wire and hanging biltong.  According to the Charge Sheet, the suspect Djeke Dihutu, aged 40 years, is charged with contravening and transgressions of Nature Conservation Ordinance andcontravening Immigration Act 07 in Mahango Wildlife Core Area, Bwabwata National Park. Dihutu’s first court appearance was on the 17th of June 2022, Rundu and it was postponed to the 07 July 2022. He is currently hospitalized in hospital under Police Guards.

Commenting on this latest development, the Namibian Lives Matter Movement National Chairperson Sinvula Mudabeti applauded the Namibian Anti Poaching Unit for its compliance with what it called the universal instrument on the Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly resolution 34/169.

“We are aware that the duties of the police carry a great deal of risk, but our police has shown that they have a moral calling and obligation to protect even foreigners suspected of serious crimes on Namibian soil,” said Mudabeti.

According to him, whereas the Botswana Police Service, the Botswana Defence Force (BDF) and Directorate of Intelligence Service (DIS) have “very low moral ethics, integrity, accountability and honesty, the Namibian security agencies has shown very high levels of ethical leadership in the discharge of their duties even under duress.”

He said Namibian’s anti poaching unit has exercised one very important value, that is, the use of force only when it is reasonable and necessary. Mudabeti said this is in harmony with international best practices as enshrined in Article 2 of the UN instrument on law enforcement conduct, “In the performance of their duty, law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.

Our police have protected the life of a Botswana poacher and accorded him dignity, which is very foreign to our Botswana counterparts,” he said. He said article 3 of the same instrument above, calls for Law enforcement officials to use force only when strictly necessary and to the extent required for the performance of their duty.

“This provision emphasizes that the use of force by law enforcement officials should be exceptional; while it implies that law enforcement officials may be authorized to use force as is reasonably necessary under the circumstances for the prevention of crime or in effecting or assisting in the lawful arrest of suspected offenders, no force going beyond that was used by our Police,” he said.

Furthermore, Mudabeti said, whereas the universally accepted norm of the law of proportionality ordinarily permits the use of force by law enforcement, it is to be understood that such principles of proportionality in no case should be interpreted to authorize the use of force which is disproportionate to the legitimate objective to be achieved.

“Our police have used force proportional to the situation at hand. Great work indeed! Article 6 urges law enforcement officials to ensure the full protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required,” he said.

Mudabeti said the Botswana poacher was immediately taken to hospital whereas the Nchindo brothers who were captured on Namibian soil, beaten, tortured and executed while pleading to be taken to the hospital we left to die.

“The Namibian Doctor gave evidence in court that Sinvula Munyeme’s lungs showed signs of life (during the autopsy) and that he could have survived if he was accorded immediate medical assistance in time but was left to die while BDF soldiers looked and possibly ignored his cry for help,” he said.

Mudabeti said unlike in Botswana where there are no clear separation of powers between the BDF, Botswana Police Service, Department of Intelligence and their Directorate of Public Prosecutions,” we have a system that allows for checks and balances and allows our people and foreigners who are found on the wrong side of the law to be accorded the right to a fair trial.”

He said Botswana citizens are treated with dignity when apprehended in Namibia and not assaulted, tortured and executed. “We are a civilized country that respects international law in dealing with non-Namibian criminals. The Namibian Police have not mistreated the Botswana poacher but have given him the benefit of the doubt by allowing due processes of the law to be followed,” he said.

He added that, “We are a peace loving nation that has not repaid Botswana by the evil that Botswana has done to Namibia by killing more than 37 innocent and unarmed Namibians by the trigger happy BDF.” He concluded that, “Our acts of mercy in arresting Botswana citizens should never be mistaken for cowardice.”

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Gov’t, Unions clash over accommodation

28th June 2022
accomodation

The government has reportedly taken a decision to terminate provision of pool housing and subsidy for civil servants as it attempts to trim the public service wage bill.

This emerges in a dispute that is currently before the Labour Office headquarters lodged by unions representing thousands of civil servants across the country. This publication understands that the decision to cease providing pool housing and rental subsidy for public officers is part of proposals that government put on the table during its negotiations with public service unions in order for it to adjust salaries.

A letter from Labour Office addressed to the Directorate of Public Service Management (DPSM) shows that the directorate is cited as the First Respondent. The letter is titled, “Dispute lodged: Cessation of provision of pool housing and subsidy for pubic officers.”

“This serves as a notification and requirement to a mediation hearing,” the letter informed DPSM. According to the letter, the Botswana Teachers Union (BTU), Botswana Sectors of Educators Trade Unions (BOSETU) Botswana Nurses Union (BONU) and Botswana Land Board &Local Authorities &Health workers Union (BLLAHW) who lodged the complaint are cited as the Applicant.

“Please come for mediation hearing. The hearing will be conducted by Mr Lebang. The hearing is scheduled for date/time 29th June 2022, 09: 00HOURS at Block 8 District Labour Office, Gaborone. Please bring all relevant documents,” reads the letter in part.

According to a document described as a proposal paper on the negotiations on salaries and other conditions of employment of public officers by the employer (government), the government did not only propose to stop providing accommodation to civil servants but also put a number of proposals on the table.

The proposal papers states that the negotiations (which have since been concluded) cover three government financial years; 2022/23, 2023/24 and 2024/25. The government proposed an across the board salary adjustments as follows; 3% for the financial year 2022/23 effective 1st April 2022, across the board salary adjustment of 3.5% for the financial year 2023/24 effective 1st April 2023 subject to performance of the economy and across the board salary adjustment of 4% for the financial year 2024/25 effective 1st April 2024 subject to performance of the economy.

The government also proposed phasing out of retention and attractive (Scarce Skills) Allowance with a view to migration towards clean pay, renegotiate and set new timelines for all outstanding issues contained in the Collective Labour Agreement, executed by the employer and trade unions on the 27th August 2019, to ensure proper sequencing, alignment and proper implementation.
The government also proposed to freeze public service recruitment for the 2022/23 financial year and withdraw the financial equivalence of P500 million attached to vacancies from Ministries, Department and Agencies (MDAs).

Another proposal included phasing out of commuted overtime allowance and payment of overtime in accordance with the law and review human resource policies during the financial year 2022/23, 2023/24 and 2024/25.

The government argued that its proposals were premised on affordability and sustainability adding that it was important to underscore that the review of salaries and conditions of service for public officers was taking place at a time when there were uncertainties both in the global and domestic economies.

“Furthermore there is need to ensure that any collective labour agreement that is concluded does not breach the fiscal deficit target of 4% of GDP,” the proposal paper stated. The proposal paper further indicated that beyond salary adjustments, the Government of Botswana is of the view that a more comprehensive consideration “must be taken on the issue of remuneration in the public service by embracing principles such as total rewards compensation which involves taking a fully comprehensive and holistic approach to how our organization compensates employees for the work.”

The proposal paper also noted that, “Clearly, the increase in salaries and changes to other conditions of service which have monetary consequences will further increase the proportion of the budget taken by salaries, allowances and other monetary based conditions of services.”

“The consequential effect would be a reduction of the portion that can be used for other recurrent budget needs (e.g. maintenance of assets, consumable supplies such as medicines and books) and for development projects,” the proposal states.

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BPF NEC probes Serowe squabbles

28th June 2022
BPF

Opposition Botswana Patriotic Front (BPF) National Executive Committee will in no time investigate charges party members worked with the ruling Botswana Democratic Party (BDP) membership to tip the scales in favour of the latter for Serowe Sub-council Chairmanship in exchange for deputy seat in a dramatic 11th hour gentleman’s deal, leaving the ruling party splinter under the political microscope.

In a spectacular Sub-council election membership last Thursday, the ruling BDP’s Lesedi Phuthego beat Atamelang Thaga with 14 votes to 12 for Serowe Sub-council Chairmanship coveted seat and subsequently the ruling party’s councilor Bernard Kenosi withdrew his candidacy in the final hour for the equally admired deputy chair paving the way for Solomon Dikgang of BPF, seen as long sealed ‘I scratch your back and you scratch mine’ gentleman’s agreement between the contenders.

Both parties entered the race with a tie of votes torn between 12 councillors each, translating for election race that will go down to the wire definitely. But that will not be the case as two BPF councilors shifted their allegiance to the ruling party during the first race for Chairmanship held in a secret ballot and no sooner was the election concluded then the ruling party answered back by withdrawing its candidacy for the deputy chair position to give BPF’s Dikgang the post on a silver platter unopposed.

BPF councilor Vuyo Notha confirmed the incident in an interview on Wednesday, insisting the party NEC was determined to “investigate the matter soon”. “During the race for the Chairmanship, two more BPF voted for alongside the ruling party membership. It was clear Dikgang voted alongside the BDP as immediately after the vote for Chairmanship was concluded, Kenosi withdraw his candidacy to render Dikgang unopposed as a payback,” Notha added.

As for the other vote, Makolo ward councilor will not be drawn for the identity preferring instead to say: “BPF NEC will convene all the councilors to investigate the matter soon and we will take from there.” Notha will also not be drawn to conclude may be the culprit councilors could have defected to the ruling party silently.

“If they are no longer part of us they should say so and a by-election be called,” was all he could say. As it stands now, the law forbids sitting Councilors and Parliamentarians from crossing the floor to another party as to do so will immediately invite for a new election as dictated by the law. Incumbent politicians will therefore dare not venture for the unknown with a by-election that could definitely cost their political life and certainly their full benefits.

Notha could also not be dragged to link the culprit councilors actions to BPF Serowe region Chairperson Tebo Thokweng who has silently defected to the ruling party and currently employed by the party businessman and former candidate for Serowe West Moemedi Dijeng as PRO for the highly anticipated cattle abattoir project in Serowe.

“As for Thokweng he has not resigned from the party but from the region’s chairmanship,” he said. WeekendPost investigations suggest Thokweng is the secret snipper behind the recruitment drive of the votes for the elections and is determined to tear the party dominance in Serowe and the neighbouring villages asunder including in Palapye going forward.

This publication’s investigations also show BPF’s Radisele and UDC’s Mokgware/Mogome councilors are under the radar of investigations for the votes-themselves associated with the workings and operations of Thokweng.

“NEC will definitely leave no stone unturned with their investigations to get into the bottom of the matter. Disciplinary actions will follow certainly,” Notha concluded, underscoring the need to toe the party line to set a good precedent. For the youthful councilor, the actions of his peers has set a wrong precedent which has to be dealt with seriously to deter future culprits.

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