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Bid-rigging defines corruption in Public Procurement

PPADB wants parastatals to follow its procurement procedures: PPADB Executive Director, Bridget Poppy John

Parastatals and other quasi-government institutions have been urged to exercise due diligence in public procurement so that government as the biggest buyer of goods and services in the economy gets the most reasonable and competitive fair price.


Legal Counsel at Competition Authority (CA), Kesego Modongo, told attendants at a workshop organised by Public Procurement and Assets Disposal (PPADB) that it is crucial to have vigorous competition among suppliers since it helps government to obtain the best value for money for the goods and services they procure.


He asserted that when competition is curtailed taxpayers’ money is wasted as governments pay more than a fair price. Modongo defined bid rigging as fraud and conspiracy against society since it is costly to the society.


Briefing the attendants, who formed part of their respective institutions’ Tender Committees Modongo explained that bid rigging occurs when bidders agree among themselves to eliminate competition in the procurement process, thereby denying the public a fair price.


He said in the past, the CA registered a number of cases relating to bid-rigging and warned that proper detection is needed in order to curb this kind of mischief in public procurement.


Modongo stated that bidders can eliminate competition in public procurement in many simple ways like by agreeing to submit a non-competitive bid that is too high to be accepted or contains terms that are unacceptable to the buyer, or in some instances competitors agreeing not to bid.


According to him, in some instances some companies chose to withdraw a bid from consideration or agree to submit bids only in certain geographic areas or only to certain public organizations.


The legal Counsel also noted that although the schemes used by firms to rig bids vary; the intention is to eliminate competition so that prices are higher and the government pays more.


However, he said finding signs of possible bid rigging do not necessarily mean that bid rigging is occurring; it simply shows that there may be a problem. In this instance, the best thing for procurement officials to do is to contact the CA to investigate the signs detected.


Parastatals were also implored to review the bidding process and the bids carefully, looking for any additional signs of possible bid rigging. And to achieve that, procuring entities were advised not tell any of the bidders about their concerns, as this may result in the destruction of evidence. Instead the procuring entity should make sure that detailed notes, records and documents are kept safe.


Procuring entities were further urged to be careful when dealing with a small number of bidders since the probability of bid rigging is higher if there are a few bidders. Attendants were told bid rigging requires bidders to reach an agreement that eliminates competition.


Modongo said Tender Committees should not be out-smarted by bidders as procurement is very important to the development of any economy, particularly a developing one like Botswana.


The Tender Committees were also implored to devise a mechanism of monitoring whether the bidders have had the opportunity to communicate with each other, and look for any relationships among the bidders after the successful bid is announced.


Examples of bid rigging investigated by CA in the past include the Security Tender Case in which the bidders were found to be having identical telephone contacts, the Sugar Beans Case, and the Infant Formula Milk Case.


Directorate on Corruption and Economic Crime (DCEC) official, Oreemetse Dipatane said corruption remains a concern in Botswana’s economy and public procurement is one area where corruption is rife.


Part of the problem, as observed by Dipatane is poor service delivery as citizens may elect to use bribery to receive favour in terms of service offering. In leadership positions, corruption is motivated by greed and the power of influence in decision making.


PPADB Divisional Manager-Works, Dudu Thebe advised parastatals Tender Committees against “exclusive rights” bidding where the procuring entity specifies the type of the brand they want in the Invitation To Tender (ITT) documents since this would automatically eliminate a number of competitors.


Parastatals were also advised to implement government policies in their procurement to ensure that locals are especially small business and those in the informal sector benefit from the public procurement.


The Local Procurement Scheme (LPS) dictates that preference be introduced in tenders falling within the financial threshold of the District Administration Tenders (DATCs), currently at P2 million to P4.5 million.


The purpose of the scheme is to empower the disadvantaged groups, namely, the youth, people with disabilities, women and rural suppliers through public procurement preferential treatment.


The PPADB Act gives procuring entities to purchase or get services from suppliers for the services with a value less than P30 000. Thebe however advised them to have a list of suppliers in their data base and also implored them to make an effort to engage different service or goods providers.


However, what has proved to be a concern across all parastatals is that, quasi-government institutions are faced by a problem of lack of adequate knowledge and technical skills relating to procurement.


PPADB has been engaging different stakeholders in capacity building workshops in an effort to instil integrity in public procurement. Last year, PPADB engaged all government ministries Tender Committees in a similar workshop.


PPADB, DCEC and CA officially launched a Memorandum of Understanding (MoU) in which they will cooperate against bid rigging and collusive tendering in 2011.


According to the OECD, of all government activities, public procurement is considered one of the most vulnerable to fraud and corruption. Therefore government policies and procedures in public procurement remain integral as weak governance in public procurement hinders market competition and raises the price paid by the administration for goods and services, directly impacting public expenditures and therefore taxpayers’ resources.


Corruption has severe impacts in developing countries like Botswana where public procurement accounts to more than 70 percent of the Gross Domestic Product (GDP).

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Opposition Will Never Achieve Anything- Nkaigwa

8th April 2021
Haskins Nkaigwa

Former Umbrella for Democratic Change (UDC) Member of Parliament for Gaborone North, Haskins Nkaigwa has confirmed his departure from opposition fold to re-join the ruling Botswana Democratic Party (BDP).

Nkaigwa said opposition is extremely divided and the leadership not in talking terms.  “They are planning evil against each other. Nothing much will be achieved,” Nkaigwa told WeekendPost.

“I believe my time in the opposition has come to an end. It’s time to be of value to rebuilding our nation and economy of the country. Remember the BDP is where I started my political journey. It is home,” he said.

“Despite all challenges currently facing the world, President Masisi will be far with his promises to Batswana. A leader always have the interest of the people at heart despite how some decisions may look to be unpopular with the people.

“I have faith and full confidence in President Dr Masisi leadership. We shall overcome as party and nation the current challenges bedevilling nations. BDP will emerge stronger. President Masisi will always have my backing.”

Nkaigwa served as opposition legislator between 2014-2019 representing Botswana Movement for Democracy (BMD) under UDC banner.  He joined BMD in 2011 at the height public servant strike whilst Gaborone City Deputy Mayor. He eventually rose to become the mayor same year, after BDP lost majority in the GCC.

Nkaigwa had been a member of Botswana National Front (BNF), having joined from Alliance for Progressives (AP) in 2019.

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Botswana benefits over P100 million in grants from Japan

7th April 2021
Ambassador HOSHIYAMA

Botswana has received assistance worth over P100 million from Japanese government since 2019, making the latter of the largest donors to Botswana in recent years.

The assistance include relatively large-scale grant aid programmes such as the COVID-19 programme (to provide medical equipment; P34 million), the digital terrestrial television programme (to distribute receivers to the underprivileged, P17 million), the agriculture promotion programme (to provide agricultural machinery and equipment, P53million).

“As 2020 was a particularly difficult year, where COVID-19 hit Botswana’s economy and society hard, Japan felt the need to assist Botswana as our friend,” said Japan’s new Ambassador to Botswana, Hoshiyama Takashi.

“It is for this reason that grants of over P100 million were awarded to Botswana for the above mentioned projects.”

Japan is now the world’s fourth highest ranking donor country in terms of Official Development Assistance (ODA).

From 1991 to 2000, Japan continued as the top donor country in the world and contributed to Asia’s miracle economic development.

From 1993 onwards, the TICAD process commenced through Japan’s initiative as stated earlier. Japan’s main contribution has been in the form of Yen Loans, which are at a concessional rate, to suit large scale infrastructure construction.

“In Botswana, only a few projects have been implemented using the Yen Loan such as the Morupule “A” Power Station Rehabilitation and Pollution Abatement in 1986, the Railway Rolling Stock Increase Project in 1987, the Trans-Kalahari Road Construction Project in 1991, the North-South Carrier Water Project in 1995 and the Kazungula Bridge Construction Project in 2012,” said Ambassador Hoshiyama.

“In terms of grant aid and technical assistance, Japan has various aid schemes including development survey and master planning, expert dispatch to recipient countries, expert training in Japan, scholarships, small scale grass-roots program, culture-related assistance, aid through international organizations and so on.”

In 1993, Japan launched Tokyo International Conference on African Development (TICAD) to promote Africa’s development, peace and security, through the strengthening of relations in multilateral cooperation and partnership.

TICAD discuss development issues across Africa and, at the same time, present “aid menus” to African countries provided by Japan and the main aid-related international organizations, United Nations (UN), United Nations Development Programme (UNDP) and the World Bank.

“As TICAD provides vision and guidance, it is up to each African country to take ownership and to implement her own development following TICAD polices and make use of the programmes shown in the aid menus,” Ambassordor Hoshiyama noted.

“This would include using ODA loans for quality infrastructure, suited to the country’s own nation-building needs. It is my fervent hope that Botswana will take full advantage of the TICAD process.”

Since then, seven conferences where held, the latest, TICAD 7 being in 2019 at Yokohama. TICAD 7’s agenda on African development focused on three pillars, among them the first pillar being “Accelerating economic transformation and improving business environment through innovation and private sector engagement”.

“Yes, private investment is very important, while public investment through ODA (Official Development Assistance) still plays an indispensable role in development,” the Japanese Ambassador said.

“For further economic development in Africa, Japan recognizes that strengthening regional connectivity and integration through investment in quality infrastructure is key.”

Japan has emphasized the following; effective implementation of economic corridors such as the East Africa Northern Corridor, Nacala Corridor and West Africa Growth Ring; Quality infrastructure investment in line with the G20 Principles for Quality Infrastructure Investment should be promoted by co-financing or cooperation through the African Development Bank (AfDB) and Japan.

Japan also emphasized the establishment of mechanisms to encourage private investment and to improve the business environment.

According to the statistics issued by Japan’s Finance Ministry, Japan invested approximately 10 billion US dollars in Africa after TICAD 7 (2019) to year end 2020, but Japanese investment through third countries are not included in this figure.

“With the other points factored in, the figure isn’t established yet,” Ambassador Hoshiyama said.

The next conference, TICAD 8 will be held in Tunisia in 2022. This will be the second TICAD summit to be held on the African continent after TICAD 6 which was held in Nairobi, Kenya, in 2016.

According to Ambassador Hoshiyama, in preparation for TICAD 8, the TICAD ministerial meeting will be held in Tokyo this year. The agenda to be discussed during TICAD 8 has not yet been fully deliberated on amongst TICAD Co-organizers (Japan, UN, UNDP, the World Bank and AU).

“Though not officially concluded, given the world situation caused by COVID-19, I believe that TICAD 8 will highlight health and medical issues including the promotion of a Universal Health Coverage (UHC),” said Hoshiyama.

“As the African economy has seriously taken a knock by COVID-19, economic issues, including debt, could be an item for serious discussion.”

The promotion of business is expected to be one of the most important topics. Japan and its partners, together with the business sector, will work closely to help revitalize private investment in Africa.

 

“All in all, the follow-up of the various programs that were committed by the Co-Organizers during the Yokohama Plan of Actions 2019 will also be reviewed as an important item of the agenda,” Ambassador Hoshiyama said.

“I believe that this TICAD follow-up mechanism has secured transparency and accountability as well as effective implementation of agreed actions by all parties. The guiding principle of TICAD is African ownership and international partnership.”

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Magosi pushes for Cabinet reshuffle

6th April 2021
President Masisi

Directorate on Intelligence Services (DIS) Director General, Brigadier Peter Magosi is said to be hell-bent and pushing President Mokgweetsi Masisi to reshuffle his cabinet as a matter of urgency since a number of his ministers are conflicted.

The request by Magosi comes at a time when time is ticking on his contract which is awaiting renewal from Masisi.

This publication learns that Magosi is unshaken by the development and continues to wield power despite uncertainty hovering around his contractual renewal.

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