Gov’t terminates P28 million unscrupulous tender
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Government has this week terminated the awarding of a P28 million pula road tender to Emark (Pty) Ltd under dubious circumstances. The tender involves a works contract for resealing and road marking of Tshootsha – Mamuno road section II (40km).
The decision by government was taken last week following this publication’s revealing story that some government big shots were caught up in the controversial multimillion tender brawl. This comes after a contractor in the said tender Moira (Pty) Ltd raised the red flag over what they said are matters of clear malpractice and maladministration of government funds.
The termination of the contractor award barely follows government’s recent decision to reverse 4 billion worth tenders, in particular the immediate blacklisting of China Jiangsu International Botswana (Pty) Ltd, a subsidiary of China Jiangsu International – over alleged bribery claims (corrupt practices). In a separate confidential letter this week announcing the contract termination by government, dated 12 February 2019, the Roads department under Ministry of Transport and Communication notified Emark which was allocated the tender that “it is cancelled.”
A contractor that bid the said tender of reference no. MTC 240/55/2017-2018 had earlier pointed out some basic contractual contraventions between Public Procurement and Asset Disposal Board (PPADB), department of Roads and Emark, the contractor awarded. The matter also landed at the Office of the President (OP).
The cutting classified letter passed to WeekendPost and signed by Acting Director of Roads Reason Lekutlane states “we refer to the above tender and hereby cancel the tender aforesaid on your account of your failure to provide valid Performance Security Guarantee issued by a bank or Insurance Company contrary to the conditions of Old Mutual.” The Acting Director of Roads further observed that the purported Performance Security guarantee has been forged by the said company, Emark.
Lekutlane highlighted to the company that “the purported Performance Bond Guarantee as well as the Advance Payment Guarantee issued on a letter head of Old Mutual are said to be forgeries and therefore not valid according to the Portfolio Manager of Old Mutual.” “The contract is therefore cancelled immediately and forthwith by reason of the purported submission of fraudulent documents,” he stressed.
The fraudulent activity was also confirmed by Old Mutual Short Term Insurance (Botswana) Limited, Portfolio Manager Tshipinare Phele in another top secret letter to the Ministry of Transport and Communications and in particular Department of Roads. In his letter also dated 12 February 2019, Phele stated that “I would like to state and confirm that I, Tshipinare Gofaone Phele of I.D no. 090318617 working for Old Mutual Short-Term Insurance Botswana (OMSTIB), in my capacity as Portfolio Manager DID NOT sign, neither initial nor stamp any Performance Bond Guarantee/Surety document for the companies Mod’s services (Pty) Ltd and Emark Enterprises (Pty) Ltd, or for whichever company, pertaining to the Works Contracts of resealing and road marking of the stated roads tenders: tender no. MTC240/5/55/2017-2018(2).”
He further on stated that he does not even know the stated companies in question. “I would like to also state that I have no knowledge of the above stated companies, nor have I ever met and know their representatives. The signatures and handwritings are not mine, and so they were done fraudulently.” The Old Mutual official explained that the Old Mutual Short Term Insurance Botswana does not even offer the Performance Bond Guarantee cover hence they do not hold any form of cover/policy for the said companies.
He also revealed that “please also note that Old Mutual Shot Term Insurance Botswana went through rebranding and that we also changed our letterheads in and around September 2018, so as such there is no how I could have issued the letter in the old letterhead as in the Performance Bond Guarantee letters provided by December 2018.” Following the shadowy revelations, the mysterious termination of the tender also follows a recommendation from the Ministerial Tender Committee to the department of Roads.
“The Ministerial Tender Committee at its special sitting of the 12th February 2019, approved your recommendation for cancellation of contract and withdrawal of award of tender for reseal and road marking of Tshotsha – Mamuno road section II (40km) tender in respect of Emark (Pty) Ltd,” Chairperson of Ministerial Tender Committee (MTC) Maipelo Ragalase who is also the acting Deputy Permanent Secretary (Corporate Services) in the Ministry of Transport and Communication, stated in another letter.
In light of the termination of the contract, the department of Roads were also advised to “report this matter to the relevant authorities.” It is understood that through MTC Chairperson’s affidavit, there are certain matters of clear malpractice and maladministration of government funds which have been committed by both herself and the Director of Roads.
Chief among the irregularities, Kgotso Botlhole of Lekorwe Legal Consultants, on behalf of Moira (Pty) Ltd cited that: “first, the Director of Roads issued a notice of commencement handing over the site to Emark without first having received a performance bond giving security in favour of the government of Botswana for Emark’s performance of the works.”
He stressed that the letter of acceptance is dated 17 December 2018 while Emark issued a letter dated 14 January 2019 apparently attaching a performance bond only issued by Old Mutual two days later, and on 16 January 2019. The rushed letter is now reportedly said to have been forged.
According to Botlhole “Director of Roads, Modisa Segokgo, also authorized the occupation of site and the commencement of works by a civil contractor for the project (28 million pula) to be paid by the government, without first ensuring that security is furnished to the government for the performance of the contract by Emark.”
The Moira company attorney, the enterprise which lost the bid in the second position as they ran short of half a million to reach the 28 million mark, said therefore that “this is a clear act of unlawful maladministration inexplicably placing the government at an unnecessary and wholly avoidable fiscal risk. This behavior does not conform with the letter of acceptance, nor to any government standard practice (in tendering).”
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One notable achievement for FPC is the low vacancy rate across its properties, which stands at only 6%. This is particularly impressive considering the challenging trading environment. The company attributes this success to effective lease management and the leasing of previously vacant properties in South Africa. FPC’s management expressed satisfaction with the results, highlighting the resilience of the company in the face of ongoing macroeconomic challenges.
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It is not clear as to when, but before taking a festive break in few weeks’ time UDC leaders would have convened to address the ongoing deadlock surrounding constituency allocation in the negotiations for the 2024 elections. The leaders, Duma Boko of the UDC, Mephato Reggie Reatile of the BPF, and Ndaba Gaolathe of the AP, are expected to meet and discuss critical matters and engage in dialogue regarding the contested constituencies.
The negotiations hit a stalemate when it came to allocating constituencies, prompting the need for the leaders to intervene. Representatives from the UDC, AP, and BPF were tasked with negotiating the allocation, with Dr. Patrick Molotsi and Dr. Philip Bulawa representing the UDC, and Dr. Phenyo Butale and Wynter Mmolotsi representing the AP.
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