A local company, Drift In Investments (Pty) Ltd has dragged Botswana Power Corporation (BPC) before Justice Modiri Letsididi at Lobatse High Court. Through an urgent application, the company wants the state-owned power utility to show cause why certain orders should not be made final.
The Drift In Investments wants BPC to be ordered, interdicted and restrained from proceeding any further, with the award of tender no 4142/20 for various meters pending; the finalisation of the Applicant’s application for review of the respondent’s (BPC) decision to annul the tender and the finalisation of the Applicant’s application for review which awaits hearing.
In February this year, Drift In Investments submitted a bid to be awarded supply and delivery of single (1) phase and three (3) phase integrated GPS based STS prepayment smart meters with open standard communication protocols that was advertised as tender number 3890/19. The tender in question was an open tender, which means all interested bidders could bid for it, including Drift In Investments.
The bid was duly evaluated and adjudicated by BPC’s procurement committee, the Executive Procurement and Tender Committee. Such evaluation and adjudication were preceded by the recommendations of the best evaluated bidder, who will proceed to sign a contract to offer such services. According to Drift In Investments’ founding affidavit “attached hereto is a copy of the evaluation and adjudication report which placed the Applicant as the best bidder, hence the legitimate expectation, that mutatis muntandis, that it would sign the contract”.
Drift In Investments was the best bidder and was approved to be awarded to the tender at BWP 14 442 660, to supply and deliver a single phase split smart meters. Furthermore, Drift In Investments was awarded for the supply and delivery of Customer Interface Units (CIU’s) for an amount of P10 343 070.00. “When these recommendations and approvals were to be effected, in a rather strange turn of events, the respondent somersaulted and nullified the tender. On minutes from the EXCO Procurement and Tender Committee, a request was made to the aforesaid committee to nullify the tender and bring it back as a selected tender,” court papers indicate.
The reasons stated were that the tender was cancelled because “the Corporation has taken a position to directly work with the reputable manufactures/ suppliers of smart meters that have the necessary expertise required in the implementation of a SMART GRID SOLUTION that the Corporation is embarking upon”. The nullification was granted, and time was not wasted in listing the bidders for selective tendering. One of the listed bidders for manufactures/ suppliers of the split smart meters is Landis & Gyr which had been listed as the supplier to the Drift In Investments in the nullified tender.
BPC had commended the bid by Drift In because it had the above stated company (Landis & Gyr). “Drift In split smart meters sourced from Landis & Gyr have been supplied to BPC before and the performance is good. Besides the split smart meters, Landis & Gyr has got a good performance record also on the Maximum Demand (MD) meters and ordinary non smart meter BEC previously supplied to BPC for quite a number of years”.
According to the founding affidavit it came as a surprise then on the 22nd May 2020 when Drift In Investments was given a letter dated 18th May 2020 which corroborated the aforestated minutes that the said tenders were nullified. The letter reads, “Please be advised that at its sitting of the 11th May 2020, the EXCO Procurement and Tender Committee approved the recommendation to nullify the above tender. We wish to take this opportunity to thank you for showing interest in doing business with the Corporation and assure you of our cooperation at all times”.
The founding affidavit contend that there were no basis whatsoever for cancelation of the tender which was floated publicly to a select tender when all the requirements had been met, only to turn around and chuck the bidders. According the founding affidavit the cancellation was unlawful on the reason that; the procurement in BPC is done through a three tier system. It passes through evaluation, and the evaluation committee makes recommendations to the adjudication system, ultimately reaching the board for certain tenders.
Again there are various boards dealing with various tenders varying in the amounts. Each level of evaluation has a limit to the tender it can evaluate based on the value of the tender. The present tender that the applicant is querying or had made a bid for, amounted to more than 10 million Pula. From its own admission, and the papers filed of record, the evaluation was carried out by the Executive Procurement and Tender Committee.
Drift In Investments also argues that in terms of the regulations of the Respondent of Procurement, the threshold for the Executive Procurement and Committee (EPTC) are amounts between P500 000.00 to P3.5 million. The tender having been in excess of 10 million, the EPTC clearly stepped out of its mandate. It was not competent to deal with tender by adjudicating the same, therefore acting ultra vires their mandate/ authority. “Such a decision is liable to be reviewed and set aside as it is unlawful, irrational and illegal.
I reiterate my averments further that save via this present Urgent Application, there is no facility under our law to obtain a stay execution of the Tender herein whilst the Application asserts its challenge against the adjudication of the same”. While appearing before Justice Modiri Letsididi on few weeks ago, attorneys representing BPC from Armstrongs Attorneys said they were only served with court papers in the morning therefore pleaded with the court to be given some time to prepare and file their opposing affidavit.
Both lawyers met briefly and agree that it was short notice and that the court set a new date where the urgent matter and the review application will be heard. Justice Modiri Letsididi advised that the new rule states that all matters dealing with tenders by nature are urgent because they are dealing with a lot of money that affects the economy.
Earlier on, BPC attorneys had urged that the tender in question is a different tender from the initial one something that was denied by the defence lawyers. The matter has been ordered a status quo while the new dates were set for 6th November 2020 while the court will hear both the urgent matter and the review application.
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.