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China Jiangsu takes PPADB, Attorney General to court

The matter in which the government terminated with immediate effect some major contracts awarded to China Jiangsu International Botswana (Pty) Ltd and subsequently blacklisted them from doing business with government and quasi-government organisations has this week reached High Court.

China Jiangsu International Botswana (Pty) Ltd with strong roots in Botswana since 1999 is being accused of engaging in corrupt practices which are deemed national security by Directorate of Intelligence and Security (DIS). China Jiangsu through its attorneys Monthe Marumo and Company have this week filed before the Gaborone High Court citing Public Procurement and Asset Disposal Board (PPADB) as the 1st respondent, Attorney General of Botswana as the 2nd respondent and Ministry of Land Management, Water and Sanitation Services as the 3rd respondent in the matter.

 According to their draft order dated 14th February 2019, China Jiangsu wants the PPADB’s decision to withdraw the tenders be reviewed. According to Cui Wanglin, the Managing Director of China Jiangsu in his founding affidavit, they seek further to demonstrate that the purported withdrawal of the award is fraught with illegality and mala fides and should be corrected, reviewed and/ or set aside and with costs on a punitive scale.

“I honestly and genuinely believe that there is no dispute to the fact that I have stated in the immediately preceding paragraph it being a matter of public knowledge for which I am advised by Applicant (China Jiangsu)’s attorneys which advice I accept as correct, is not necessary to demonstrate and I beg leave of the court not to annex a copy of the Government Gazette to avoid prolixity,” said the letter.

On the 7th of February 2019 PPADB wrote to Managing Director China Jiangsu International Botswana with reference to the design and building of a water distribution network, sanitation reticulation, telemetry and scada and associated works in Maun PR 10/1/3/16II. The letter suggested that the board at its meeting held on the 7th February 2019 resolved to withdraw award of the above tender from China Jiangsu International Botswana which was made on the 11th October 2018.

“The reasons for withdrawal of award cannot be disclosed as they are classified,” read the letter. The letter was signed by Acting Executive Chairperson Elijah Motshedi. In another letter, Water Utilities Corporation (WUC) wrote to the Managing Director of Jiangsu International Botswana (Pty) Ltd with reference to the termination of major villages’ water supply distribution network rehabilitation for Palapye- Tender no WUC 025 (2014).

“We refer to the above contract awarded to the China Jiangsu International Botswana (Pty) Ltd as per the Notification of Award sent to the Company under cover of the Corporation’s letter dated 4th March 2015,” stated the letter. WUC invoked sub- clause 15.5 of the contract which empowers the corporation to terminate the contract it has with Jiangsu International Botswana.

Jiangus was instructed to, “immediately cease work on the Contract and commence removing the Contractor’s equipment in terms of sub- clause 16.3 of the General Conditions of Contract.”“You will be entitled to payment under provisions of sub- clause 19. 6 (a) to (e), and in this regard you are to keep proper records of all Costs incurred as contemplated by sub- clause 19. 6 (a) to (e),” said the termination letter.

“Please note that this decision is final, and no discussions or correspondence will be entered into regarding the decision to terminate nor the reasons for the termination.”  The tender which was awarded on the 25th September 2018 with a project duration of 42 months from the commencement date was valued at P 875, 923, 178. 85.

They were required to provide a performance bond of 10 percent of the contract amount which is (10 percent of P 875, 923, 178.85) P 87, 592, 317. 88 entered into with an approved Botswana Registered banking institution within 28 days calculated from the date of the Letter of Acceptance. The tender was awarded to China Jiangsu International (Pty) Ltd JV together with Unik Construction Engineering.  

On Wednesday 13th February 2019, the Ministry of Mineral Resources, Green Technology and Energy Security issued a communique where they advised all quasi-government institutions under the ministry not to engage China Jiangsu International in any of their organisations’ activities or projects as they have been found to have been involved in massive corrupt activities.

The letter which was signed by Permanent Secretary Cornelius Dekop was addressed to; Debswana Diamond Company, Okavango Diamond Company, Diamond Trading Company, Botswana Oil Limited, Botswana Power Corporation, Botswana Geo- Science Institute, Botswana Regulatory Authority, Minerals Development Company Botswana, and Morupule Coal Mine. It is reported that the intelligence organ, was involved in the operation which exposed China Jiangsu.

 When contacted for comment Directorate of Intelligence and Security (DIS), Director General, Brigadier Peter Magosi said they are lot of investigations concerning the matter of China Jiangsu International on corruption allegations and investigations are still ongoing.  Magosi said he could not disclose the names of those implicated as that will jeopardise the investigations but promised that he will do so when the time permits.

The Director General could not confirm whether the Chinese State company poses any issues of national security or not saying they are still investigating the matter. Meanwhile Morupisi told this publication that he does not know anything about Red East Construction (Pty) Ltd which he is alleged to have relations with.

“As far as I know, the China Jiangsu International Botswana matter has not reached my office and I don’t know anything about it. The issue concerning the Ministry of Minerals can be addressed to Permanent Secretary Cornelius Dekop, he authored that letter,” said Morupisi who cut the interview very short. Cui Wanglin said China Jiangsu should have been given an opportunity to defend itself against allegations of any nature before an adverse decision could be taken affecting as it does applicant’s rights to its awarded bid.

 He said China Jiangsu has therefore been denied due process of the law and an adverse decision made affecting applicant’s rights without affording it a hearing of any nature whatsoever. “For that reason once more, I honestly and genuinely and believe that the decision of the 1st respondent purporting to reverse an ward bid to applicant ought to be reviewed, correct and set aside”. 

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State forged Kgosi’s arrest warrant

22nd July 2021
FORMER DIS BOSS: ISAAC KGOSI

In a classic and shocking case of disgrace and dishonour to this country, the law enforcement agencies are currently struggling to cover up a damaging and humiliating scandal of having conspired to forge the signature of a Palapye Chief Magistrate, Rebecca Motsamai in an unlawful acquisition of the much-publicised 2019 warrant of arrest against Isaac Kgosi, the former director of the Directorate of Intelligence Services (DIS).

The cloak-and-dagger arrest was led by the DIS director, Brigadier Peter Magosi supported by the Botswana Police, Botswana Defence Force (BDF), with the Botswana Unified Revenue Services (BURS) which accused Kgosi of tax evasion, in the backseat.

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UDC parties discuss by-elections

22nd July 2021
UDC

Umbrella for Democratic Change (UDC) constituent members are struggling to reach an agreement over the allocation of wards for the imminent ward by-elections across the country.

Despite a Memorandum of Understanding (MoU) between Umbrella for Democratic Change (UDC), Botswana Patriotic Front (BPF) and Alliance for Progressives (AP) are said to be active, but the nitty-gritties are far from being settled.

The eight bye-elections will be a precursor of a somewhat delayed finalisation of the brittle MoU. The three parties want to draw a plan on how and who will contest in each of the available wards.

This publication has gathered that the negotiations will not be a run off the mill because there is already an impasse between the Botswana Congress Party (BCP) which is a UDC constituent and AP (currently negotiating to join umbrella).

The by-elections joint committee met last week at Cresta President Hotel in a bid to finalise allocation but nothing tangible came out of the gathering, sources say.

The cause of the stalemate according to those close to events, is the Metsimotlhabe Ward which the two parties have set their eyes on.

In 2019, he ward was won by Botswana Democratic Party’s (BDP) Andrew Sebobi who unfortunately died in a tragic accident in February last year.

Sebobi had convincingly won by 1 109 votes in the last elections; and was trailed by Sephuthi Thelo of the UDC trailed him with 631 votes; while Alliance for Progressives’ Innocent Moamogwe got 371 votes.

Thelo is a BCP candidate and as per UDC norm, incumbency prevails meaning that the BCP will contest since they were runners up. On the other hand, AP has also raised its hand for the same.

“AP asked for it on the basis that they have a good candidate but BCP did not agree to that request also arguing they have a better contestant,” one UDC member confided to this publication.

Notwithstanding Metsimotlhabe Ward squabble, it is said the by-election talks are almost a done deal, with Botswana National Front (BNF) tipped to take Boseja South ward in Mochudi East constituency. Botswana Patriotic Front (BPF) will be awarded Tamasane Ward in Lerala/Maunatlala constituency, sources say.

“But the agreement has to be closed by National Executive Committee (NEC),” emphasized the informant.

The NEC is said to have been cautioned not to back the wrong horse but rather rate with reason and facts.

UDC President, Duma Boko has told this publication that, “allocation is complete with two wards already awarded but with only one yet to be finalized,” he could not dwell into much details as to which party got what and the reasons for the delay in finalisation.

Chairperson of the by-elections committee, Dr. Phenyo Butale responded to this publication regarding the matter: “As AP we contested and as you may be aware we signed the MoU with UDC and BPF to collaborate on bye-elections. The opposition candidate for all bye-elections will be agreed by these parties and that process is still ongoing,” he said when asked if AP is interested on the ward and how far with the talks on bye-elections.

Butale, a former Gaborone Central Member of Parliament, who is also AP Secretary General continued to say, “As the chairperson of the bye-elections committee we are still seized with that matter. We should also do some consultations with the local structures. Once the process is complete we will issue a notice for now we cannot talk about the other two while the other is still pending the other one”.

Butale further clarified: “There is no such thing as AP and BCP not in agreement. It is an issue of signatories discussing and determining the opposition candidates across the three wards.”

Apart from the three wards, there are five more council wards that UDC is yet to allocate to cooperating partners.

FROM PALAPYE MEET: BPP CAUTION NEC MEMBERS  

With the UDC cheerful from last weekend’s meeting in Palapye, the meeting however was very tense on the side of both BCP and BNF, with only BPP flexing its muscle and even lashing out.

BCP going into the meeting, had promised to ask difficult questions to the UDC NEC.

BCP VP and also acting Secretary General, Dr. Kesitegile Gobotswang, presented their qualms which were addressed by UDC Chairperson Motlatsi Molapisi, informants say.

It is said Molapisi is fed up and concerned by some UDC members especially those in the NEC who ‘wash party’s dirty linen in public’.

Insiders say the veteran politician cautioned the NEC members that they “will not expel any party but individuals who tarnish the image of the UDC.”

It is not the first time BPP play a paternalistic role as it once expressed its discontent with BCP in 2020, saying it should never wash UDC linen in public.

At first it is said, BPP, the oldest political formation in Botswana, claims disappointment on BCP stance that UDC should be democratised especially by sharing their stand with the media. Again, BPP was not happy with BCP leader Dumelang Saleshando’s decision to air his personal views on social media regarding the merger of UDC party.

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DIS infiltrates Police fingerprint system

22nd July 2021
Makgope

Botswana Police Service (BPS) Commissioner, Keabetswe Makgophe, has of late been dousing raging fires from various quarters of society following the infiltration of the police fingerprint system by the Directorate on Intelligence and Security (DIS), WeekendPost has learnt.

Fresh information gleaned from a number of impeccable sources, points to a pitiable working relationship between the two state organs. Cause of concern is the DIS continuous big brother role to an extent that it is now interfering with other institutions’ established mandates.

BPS which works closely with the DIS has been left exasperated by the works of the institution formed in 2008. It is said, the DIS through its Information Technology (IT) experts in collusion with some at BPS forensics department managed to infiltrate the Fingerprint system.

The infiltration, according to those in the know, was for the DIS to “teach a lesson” to some who are on their radar. It is said the DIS is playing and fighting dirty to win the fights they have lost before.

By managing to hack the police finger print system, a number of renowned businessmen and other politically exposed persons found their fingers in the system. What surprised the victims is the fact that they have never been charged of any wrongdoing by the police and they were left reeling in shock to learn that their fingers are on the data-base of criminals.

In fact, some of those who their fingerprints were falsely included in the records of those on the wrong side of law learnt later when other errands demanded their fingerprints.

“We learnt later when we had to submit and buy some documents and we were very shocked,” one politician who is also a businessman confided to this publication this week.

“We then learn that there are some fabricated criminality recorded for us, as to when did we commit those remained secret to the police, but then we had to engage our lawyers on the matter and that is when we were cleared,” said the politician-cum- tenderpreneur.

The lawyers have confirmed engaging the police and that the matters were settled in a gentlemen’s agreement and concluded.

All these happened behind the scenes with the police top brass oblivious only to be confronted by the irked lot, police sources also add. The victimized group who most of them have been fighting lengthy battles with the DIS read malice and did not blink when it was revealed that these were done by the DIS.

“And it was clear that they (DIS) are the ones in this dirty war which we don’t understand. Remember when we sue, it will be the Police at the courts not the DIS and that is why we agreed to a ceasefire more so they also requested that be kept under carpet,” said the victim.

Nonetheless, the Police through its spokesperson Assistant Commissioner, Dipheko Motube, briefly said: “we do not have any system that has been hacked.” On the other hand DIS mouthpiece Edward Robert was not in office this week to comment on the matter.

Reports however say DIS boss, Peter Magosi, who most of the victims accuse of the job, is said to have met his police counterpart Makgophe to put the matter to bed.

COVID-19 RAVAGES POLICE

As frontline workers, Police have not escaped the wrath of Covid-19. Already the numbers of those infected has reached the highest of high and they suggest that they be priorities on vaccine rollout.

“Our job is complicated, firstly we arrest including those who are non-compliant to Covid protocols and we go to accidents and many more. These put us at risk and it seems our superiors are not bothered,” said one police officer this week.

The cops further complain about that working spaces are small, as such expose them to contact the virus.

“Some tests positive and go for quarantine while the rest of the unit will be left without even test carried out. If at all the bosses are serious all the police officers should every now and then be subjected to testing or else we will be no more because of the virus,” added another officer based in Gaborone.

The government has since placed teachers on the priority list for the vaccines, it remains to be seen whether the police, who also man road blocks, will be considered.

“But our bosses should convince the country leadership about this, if not then we are doomed,” concluded a more senior officer.

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