A contractor has raised a red flag over what he says are matters of clear malpractice and maladministration of government funds. In a scathing letter passed to Weekend Post, Moira (Pty) Ltd attorney raises some basic contractual contraventions between Public Procurement and Asset Disposal Board (PPADB), department of Roads and the contractor awarded.
The contractor conferred, Emark (Pty) Ltd, has been awarded the tender in question at a whopping P28 million under dubious circumstances. The tender comprises a “works contract for the resealing and road marking of Tshootsha – Mamuno road section II (40km) tender no. MTC 240/55/2017-2018.” Office of the President has this week been informed of the tender dispute.
In the dispute, Kgotso Botlhole of Lekorwe Legal Consultants, on behalf of Moira (Pty) Ltd, urged the OP in a scathing letter to halt implementation of the said multimillion road project until the matter is resolved at the courts. Information reaching Weekend Post suggests that the contractor (Emark) wants to implement the project so that they use the move as an excuse in case they lose the matter at the courts – where they believe it will be too late.
In the said letter to OP titled, “complaint of serious maladministration by the Director of the Department of Roads and the Chairperson of the Ministerial Tender Committee (MTC) in the Ministry of Transport and Communication/Moira (Pty) Ltd, (which is the client) /PPADB, Attorney General and Emark Enterprises (Pty) Ltd – case no: UAHGB – 00029 – 19” the contractor queries some essential tender procedures in the awarding of the tender.
The letter dated 5 February 2019 and which was copied to Permanent Secretary in the Ministry of Transport and Communications, Kabelo Ebineng as well as to PPADB urges Permanent Secretary to the President, Carter Morupisi to tread carefully not to implement the project until justice is reached.
“Our client is currently engaged in litigation commenced on an urgent basis against the Department of Roads (represented by AG) seeking to halt the implementation of a works contract titled “a works contract for the resealing and road marking of Tshootsha – Mamuno road section II (40km) tender no. MTC 240/55/2017-2018” which was awarded to Emark (Pty) Ltd,” attorney Botlhole told the highest decision making office in the country.
He further pointed out that having perused Maipelo Ragalase’s affidavit, who is the acting Deputy Permanent Secretary (Corporate Services) in the Ministry of Transport and Communication, 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 he 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.” This is notwithstanding that in the letter of acceptance concluding a contract with Emark for the performance of the works, a certain paragraph in question therefore clearly provides that:
“You shall agree to submit a Performance Security bond of 5% of the amount as stated in this letter of acceptance as per clause 4.2 of condition of contract for construction for building and engineering works designed by the employer within 28 calendar days from the date of acceptance of this letter (date of signing the contract acknowledgement), following the receipt of which, the engineer’s order to commence work will be issued,” the lawyer pointed this to OP as his main area of ‘emphasis.’
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. “Irrespective of when the bond was actually provided between these two dates, the Director has already issued a notice to Emark for the commencement of the works on 11 January 2019,”Botlhole highlighted to the Office of the President.
He also claimed to OP that the Director of Roads, Modisa Segokgo, authorized the occupation of site and the commencement of works by a civil contractor for a project awarded in the amount of P 28, 046, 343. 22 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, which lost the bid in the second position as they ran short of half a million to reach the 28 million mark, said “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 standard government practice.”
Secondly, the attorney further told OP that PPADB, acting in terms of Regulation 79(1) of the Public Procurement and Asset Disposal Regulations S.I. 12 of 2006 (Regulations) issued a directive to the Chairperson of the MTC and the Department of Roads to cease all procurement processes related to the tender pending the resolution of their client’s complaint, which was pending before it. The letter communicating this directive is dated 11 January 2019, he said.
“In her affidavit Ag. DPS (Corporate Services) Ragalase claims to have only seen the letter on 16 January 2019, after the Director had (unlawfully) issued a notice to commence the works. Be that as it may, the actions of both Ms. Ragalase and the Director thereafter do not demonstrate any level of adherence to the directive issued by PPADB,” Botlhole pointed out.
This is so because, he said a payment certificate was submitted in favour of Emark for the mobilization (advance payment) of the project on the very next day of 17 January 2019; and on 25 January 2019, the payment certificate was checked by one L. Lekgaotswe and approved on this date. Thereafter, he added that the Director of Roads inspects the certificate and requests that payment be made on 29 January 2019.
He continued: “he does so despite having been served with our client’s application on the same date. The payment is then received by the accounts department on 30 January 2019 and sent to government revenue office on 31 January 2019.” According to Botlhole, the conduct of both the Director and Ms. Ragalase clearly disregards the directive issued to them by PPADB and Regulation 79(1). Instead of seeking to halt the implementation of the works, he said they do the opposite, frantically seeking to implement the contract without following due process, such as taking receipt of the relevant bonds, and awaiting a decision from the PPADB. As at the date of this letter, he mentioned that the PPADB is yet to determine his client’s complaint.
Thirdly, and similar to how the Director issued a notice to commence without first taking receipt a performance bond from Emark, the Director has authorised the payment of advance payment without first taking receipt of the advance payment guarantee (bond), the attorney highlighted to Carter Morupisi.
“We believe these administrative irregularities by both the Chairperson and the Director are serious in nature, and warrant that your esteemed office investigate what we have alleged in herein and take disciplinary action against both the Director and the Chairperson. It appears quite clearly to us that they are hastily trying to implement the award of the tender, on the misguided belief that this will frustrate the relief sought by our client in the intended review application.”
Conduct such as what we have detailed above seriously erodes public confidence in the procurement processes employed by government, he said adding that there is no rational/acceptable reason to explain the conduct of these two officers. “If the government itself does not comply with the laws it created, it losses its legitimacy and becomes a catalyst for inexplicable and corrupt practices. These officers must be called to account, and we beseech your esteemed office to act accordingly,” he said.
Temporarily, when approached for a comment on the matter, Permanent Secretary in the Ministry of Transport and Communication Kabelo Ebineng said he cannot immediately remember details to the disputed matter and instead referred this publication to the Director of Roads Segokgo. Segokgo was said to be outside the office at the time of press. However, his deputy, Kitso Chibule spoke to this publication but could not be drawn into the issue at hand and instead referred this reporter back to the PS in the Ministry.
Meanwhile, in the court case PPADB is one of the respondents cited in the matter and they have not opposed the relief sought by Moira and they have instead filed a notice to abide. AG filed an answering affidavit opposing the application on behalf of both the Chairperson of the MTC and the Department of Roads.
The affidavit is disposed to by Maipelo Ragalase, the acting Deputy Permanent Secretary (Corporate Services) in the Ministry of Transport and Communication. She is also the Chairperson of the MTC in question. The parties appeared before Acting Judge Khan on 31 January 2019, who decided having heard the parties briefly, that the AG be given time to file its answering affidavit before the matter is heard on 6 February 2019. The case continues.
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.
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.
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.