High Court Justice, Ranier Busang has this week (Friday) put another nail on the coffin of China Jiangsu in a matter dealing with legal costs for Moshupa Primary Hospital.
China Jiangsu had filed a review of PPADB’s decision to award the tender (no. WOR/7/6/8) to their rival company Zhengtai Group Botswana (Pty) Ltd.
“The only issue for determination here is the liability for costs. It is ordered as follows: the government (PPADB, Ministry of Infrastructure and Housing Development, Attorney General) are awarded the costs of the application up to and including the date of this judgement,” Justice Busang ordered on Friday while adding that such costs shall be agreed or taxed.
Busang explained that China Jiangsu had wanted the government to pay the costs of the case or alternatively for each party to bear its own costs but the Judge disagreed.
“It is also not clear on the China Jiangsu’s submissions, when it realised that the ship has sailed away from the port and the contribution of the government to its sailing which justifies an order for costs against them,” he reasoned before adding that any order for costs should be justified in law and in facts.
He continued to state that the court would only make an order for costs against the government if the blame leading to the discontinuation, withdrawal and termination of the proceedings can be placed on the government’s door step.
“I am not convinced, regard being had to the totality of the conspectus of this case, that an order for costs against the government would be justified. In fact the contrary should be the case,” the Judge ruled.
He explained in the verdict that the notice of motion by China Jiangsu intended to impugn the tender won by Zhengtai on several grounds including illegality, irregularity, arbitrariness and legitimate expectation.
China Jiangsu notice, filed on the 26th September 2019 and heard on the 7th October 2019, sought default orders setting aside the award; setting aside the contract between Ministry of Infrastructure and Housing Development and Zhengtai Group Botswana and the granting of the order substituting PPADB’s decision by granting the award to China Jiangsu.
The matter came after the Chinese company unsuccessfully prosecuted an urgent interdict application to stay the conclusion of the contract between the Ministry of Ministry of Land Management and Water Sanitation and Zhengtai.
In the matter, the Court of Appeal refused to rule for the reversal of the cancellation of P1.5 billion tender bid for China Jiangsu (Pty) Ltd in Maun. The appeal arose from a dispute over the tender which was for the design, supply and building of water distribution network, sanitation, reticulation, telemetry and scada, and other associated works in Maun.
The case, won by Zhengtai, was seen as very important to the community because the decision was to either beneficially or adversely affect the lives of the community which the tender intended to benefit.
Another consideration on the matter against disposing the case on technicalities was the tender sum of 400 million of tax payers’ money and for that reason of interest to the public who desire that the project be implemented without interruption which could further cause the delay.
On awarding the tender to Zhengtai, PPADB was also acting on behest of the DISS which has alleged that China Jiangsu was involved in corrupt practices and therefore a national security threat.
China Jiangsu International Botswana (Pty) Ltd (applicants) were represented by Kgalalelo Monthe and Advocate John Peter while Tshiamo Rantao stood in for PPADB; and Ministry of Land Management and Water Sanitation and Charles Gulubane from the Attorney General Chambers.
Gaborone Private Hospital (GPH) has come out with guns blazing after they were accused of releasing false positive Covid-19 results which were later declared negative by the government task team force.
GPH insists that it is beyond doubt that their 8 positive Covid-19 results were indeed accurate.
This publication is in possession of a report that indicates how the government might have faulted with their results. They narrate what might have caused the various results between laboratories.
The report indicates that one or more negative results do not rule out the possibility of Covid-19 virus infection. Furthermore a number of factors could lead to a negative result in an infected individual.
GPH is immovable in their results and believe that poor quality of the specimen containing little patient material (as a control, consider determining whether there is adequate human DNA in the sample by including a human target in the PCR testing) could be a factor in diagnosing whether the case reads positive or negative.
The hospital, in the report shared internally, also point out that another factor may be as a result of the mishandling and incorrect shipping of the specimen. The report also establishes that technical reasons inherent may be one of the reasons why results may vary.
This publication has also established that same test kits were used but with different time collection of the samples. GPH affirms that this might have also impacted why the results varied.
“We are happy with our quality and believe that reporting positives with one gene detected the right decision. With the other labs only calling positives when two genes are detected, they are possibly under reporting and releasing negative results that should be called positive based on the less stringent algorithm.”
Unconfirmed reports have indicated that the government has launched a thorough investigation into the matter as GPH faces possible retribution over the matter.
“The government knows they blundered and now want to silence GPH by indicating that they are the ones who faulted. There is a lot of mix up with how the government tests and confirms results as negative.” Botswana currently stands at 46 new cases with only 17 active cases with 28 recoveries and 1 death.
President Mokgweetsi Masisi has also gone into his fourth quarantine since Corona was discovered in Botswana. According to a press release released on Thursday, there is a new positive Covid-19 result on one of the President’s officials.
A confidential report from enquiry on the award of tenders at Botswana Power Corporation (BPC) has recommended that key employees within the organisation be subjected to a Declaration of Assets exercise in a bid to find if they have been part of improper award of tenders cabal.
The confidential report seen by this publication was commissioned to give an overview on how procurement of equipment (imports) is conducted and awarded at BPC. The report titled “Enquiry into BPC tenders” which was released last month (5 May 2020), recommends that the organisation should be clear from the start whether they use selective tender or open tender process and which one will work for them.
High Court Judge Godfrey Radijeng has this week reinstated a Directorate of Intelligence and Security (DIS) agent who was fired by the spy agency in August 2017. Justice Radijeng further ordered in the judgement that he be paid arrears from the time he was fired and for the cost of the litigation.
The reinstated DIS agent, Walter Matsoga, was in 2014 involved in a car accident and sustained injuries in the course of his clandestine job. More than a year later, on the 15th June 2015, the spy operative was subjected to a medical assessment at the instance of the DIS to determine his fitness to continue being in employment. The assessment was carried out and he continued to be under the employ of the Directorate of Intelligence and Security.