Online Version

Facebook Feed

  • Killings of journalists up 50% in 2022, half targeted off duty    January 25, 2023
    Eighty-six journalists and media workers were killed around the world in 2022 – one every four days, according to UNESCO data, highlighting the grave risks and vulnerabilities that journalists continue to face in the course of their work.   […]
  • Judge Tau; please don’t stifle public scrutiny of the Court of AppealJanuary 25, 2023
    Her utterances are misplaced and must be condemned with the contempt it deserves ADAM PHETLHE The Patriot on Sunday dated 15 January 2022 carried an article titled ‘Judge Tau defends CoA Integrity’, with sub-headings “Complains of discrediting reckless statements; […]
  • Miss Botswana 2022 is the Face of KGK DiamondsJanuary 19, 2023
    Its been an exciting first week back to her MBW duties and we kick off the year with an official announcement that Our Queen is The face of KGK Diamonds. Lesego Chombo alongside Nigel Amos was the show stopper […]
  • Executives to watch in 2023January 19, 2023
    A year is often too short to demonstrate your worth, yet that’s exactly what the newly appointed Chief Executive Officers (CEOs) have to do to show that they deserve their enviable roles. PATRIOT BUSINESS looks at CEOs who shall […]
  • BLP TEST AP/BCP UNITY TALKSJanuary 19, 2023
    BAKANG TIRO editors@thepatriot.co.bw The new entrant in the cooperation talks between Alliance for Progressives (AP) and Botswana Congress Party (BCP) – Botswana Labour Party (BLP) has thrown spanner in the works by demanding that both AP and BCP yield […]
  • About Us
  • Advertise
  • Disclaimer
  • Contact Us
  • Login
  • Register
Friday, January 27, 2023
17 °c
Gaborone
21 ° Tue
22 ° Wed
24 ° Thu
26 ° Fri
The Patriot On Sunday
Advertisement
  • Home
  • News
  • Business
  • Lifestyle
  • Sport
  • Analysis & Opinions
  • Vacancies & Tenders
No Result
View All Result
Cart / $0.00

No products in the cart.

  • Home
  • News
  • Business
  • Lifestyle
  • Sport
  • Analysis & Opinions
  • Vacancies & Tenders
No Result
View All Result
The Patriot On Sunday
No Result
View All Result
Home News

Crisis at Ministry of Water Resources

patriot by patriot
November 15, 2020
in News
237 15
0
Crisis at Ministry of Water Resources
491
SHARES
1.4k
VIEWS
ShareShareShare

Ministry of Lands Management, Sanitation and Water Resources top management and Public Procurement and Asset Disposal Board’s (PPADB) failure to listen to the advice from their Project Management Officers (PMOs) has come back to haunt them and has thrown the whole government into financial mess.

The two entities found themselves in the multibillion tenders which they withdrawn from China Jiangsu International after the advice of the Directorate of Intelligence Services (DIS) that the company is involved in massive corruption and are a threat to national security.

Last week High Court confirmed the fears of PMO when delivering judgment stating that the withdrawal of an award for the award of the tender for the Design, Supply and Build of Water Distribution Network, Sanitation, Reticulation, Telemetry and SCADA and other associated Works in Maun was illegal. Delivering judgment, Acting Judge Rahim Khan ordered that MLWS to issue a letter of notification of award to China Jiangsu International for the Maun Project immediately and forthwith.

This judgment came after MLWS advised PPADB to withdraw the awarding of the tender to the Chinese State company because DIS has indicated that they are involved in massive corruption and are threat to national security.

The withdrawal of the P1.5 billion tender didn’t sit well with the Chinese company who applied for an expedited appeal at the Court of Appeal whilst waiting for the review of the decision which was before Justice Khan. The Court of Appeal Justice Isaac Lesetedi dismissed the application with costs.

Immediately after the Court of Appeal, senior leadership at MLWS ordered the speedily re-awarding of the P1.5 billion Maun Water Reticulation project to the second bidder Zhengtai Group Botswana.

The PMOs then advised the ministry senior leadership that the matter is still before the court and insisted that they should first wait for the judgment on the review.

This was prompted by the statement made by Justice Dube and Khan that PPADB cannot rely on the mere correspondence from DIS in withdrawing the tender.

Dube stated that the information from DIS advising the procuring entities not to conduct business with China Jiangsu International could not be admissible in court because it was introduced outside the procurement process.

Justice Khan echoed the same statement when throwing confusion at the government enclave regarding the Maun Water project tender.

“The note by DISS which makes certain allegations without being substantiated is unacceptable as criteria to be considered in the evaluation process,” stated Justice Khan.

He said that PPADB has statutory obligations in terms of its mandate to fulfill and that it cannot transfer those responsibilities to a third party as this is not permissible in terms of the legislation.

“Its reliance on the note by DISS is entirely misplaced and therefore the contents of the note by DISS must be ignored as a basis for the rejection by the 1st respondent (PPADB) of the tender,” he stated.

Another concern for the PMOs is that the difference between the first bidder China Jiangsu and Zhengtai Group is P300 million, which they argue, doesn’t make economic sense for the ministry and government.

China Jiangsu International had won the tender to the value of P1.5 billion with Zhengtai Group coming second with a quote of P1.8 billion.

On the 21st December DIS Director General Peter Magosi wrote a letter to PPADB advising them to terminate all the tenders awarded to China Jiangsu International as their investigations have shown that the company is involved in massive corruption and threat to national security.

In February 2019 PPADB withdrew all the tenders awarded to China Jiangsu.

MLWS through Water Utilities Corporation (WUC) will soon find themselves in another predicament regarding the over P800 million tender for the design supply, installation and commissioning of the Mmamashia Water Treatment Plant-Tender No. WUC 015(2018). The tender was won by China Jiangsu International but DIS instructed WUC to withdraw the awarding of the tender to the state owned Chinese company. Lobatse High Court Judge Justice Tebogo Tau instructed that an International arbitrator be appointed to mediate on the matter.

Justice Khan smells rat

In delivering judgment on the Maun Water Reticulation project, Justice Khan hinted that the conduct of the respondents appeared to be employing tactics which will allow the case to drag on indefinitely whilst at the same time the contract is being implemented.

Immediately after China Jiangsu lost the appeal at the court of Appeal, MLWS is said to have instructed PPADB to sign contract with Zhengtai Group. The company was immediately given P180 million by MLWs as advance payment.

“That there has been substantial progress in the implementation of the contract so that this court should not reverse the progress made in implementation and that on a balance of convenience it would be preferable for the contract to continue rather than impede its implementation,” observed Justice Khan.

He said that it is clear that the implementation of the project whilst the matter is still before the courts was to try to ensure that the project even if the matter is appealed; a period of time will elapse and benefit MLWS.

“So as implementation would have occurred and the courts are reluctant to impede a contract where substantial progress has been made and it would not be expeditious to prevent their progress in a contract,” he said.

Related

Tags: lands

Get real time update about this post categories directly on your device, subscribe now.

Unsubscribe
  • Killings of journalists up 50% in 2022, half targeted off duty    January 25, 2023
    Eighty-six journalists and media workers were killed around the world in 2022 – one every four days, according to UNESCO data, highlighting the grave risks and vulnerabilities that journalists continue to face in the course of their work.   […]
  • Judge Tau; please don’t stifle public scrutiny of the Court of AppealJanuary 25, 2023
    Her utterances are misplaced and must be condemned with the contempt it deserves ADAM PHETLHE The Patriot on Sunday dated 15 January 2022 carried an article titled ‘Judge Tau defends CoA Integrity’, with sub-headings “Complains of discrediting reckless statements; […]
  • Miss Botswana 2022 is the Face of KGK DiamondsJanuary 19, 2023
    Its been an exciting first week back to her MBW duties and we kick off the year with an official announcement that Our Queen is The face of KGK Diamonds. Lesego Chombo alongside Nigel Amos was the show stopper […]
  • Executives to watch in 2023January 19, 2023
    A year is often too short to demonstrate your worth, yet that’s exactly what the newly appointed Chief Executive Officers (CEOs) have to do to show that they deserve their enviable roles. PATRIOT BUSINESS looks at CEOs who shall […]
  • BLP TEST AP/BCP UNITY TALKSJanuary 19, 2023
    BAKANG TIRO editors@thepatriot.co.bw The new entrant in the cooperation talks between Alliance for Progressives (AP) and Botswana Congress Party (BCP) – Botswana Labour Party (BLP) has thrown spanner in the works by demanding that both AP and BCP yield […]
The Patriot On Sunday

© 2022 Copyright The Patriot On Sunday - Inspired by Search Mart.

Navigate Site

  • About Us
  • Advertise
  • Disclaimer
  • Contact Us

Follow Us

No Result
View All Result
  • Login
  • Sign Up
  • Cart
  • Home
  • News
  • Business
  • Lifestyle
  • Sport
  • Analysis & Opinions
  • Vacancies & Tenders

© 2022 Copyright The Patriot On Sunday - Inspired by Search Mart.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?