High Court has issued an order to suspend ongoing procurement activities related to a significant government project, citing serious concerns over procedural irregularities and non-compliance with established regulations.
The court’s decision was made following a detailed review of allegations against the Ministry of Child Welfare and Basic Education (MCWBE) and the procurement process overseen by the Public Procurement Regulatory Authority (PPRA).
The case, initiated by Tecobe Proprietary Limited against the Ministry of Child Welfare and Basic Education highlights allegations of breaches in procurement regulations, lack of transparency, and potential favouritism. The court’s order, issued on August 29, 2025, effectively halts the execution of the procurement contract awarded to Emeritus Training Academy Botswana (Pty) Ltd, pending further investigations.
According to the court documents, the primary basis for the suspension stems from the Ministry’s failure to provide adequate justification for the use of direct procurement methods, violating Regulation 20 of the Public Procurement Regulations. The court noted that none of the conditions prescribed under Regulation 20 were met, and the convenience of the benchmarking team with Emeritus Training Academy was not substantiated as a valid reason for bypassing standard procedures.
Furthermore, the court scrutinised the procurement documents, revealing that the bid submitted by Emeritus Training Academy contained significant gaps and areas of ambiguity, raising concerns about potential uncontrolled expenditure and risk of exceeding the current bid price during project implementation. The court also pointed out that the bid did not include instructions for bidders to disclose the kind of information that could prevent conflicts of interest, contrary to Regulation 44 (2)(k).
The court emphasized that the Ministry failed to adhere to prescribed procurement processes, including the failure to confirm the availability of funds prior to commencement, and the exclusion of a mandatory form related to beneficial ownership, which is required under Regulation 96 Public Procurement Act. The lack of verification of Emeritus Training Academy’s experience further compounded concerns about the capacity to deliver the required services.
Justice Maripe Bugalo expressed serious reservations about the transparency and fairness of the procurement process. He ordered that all activities related to the procurement be immediately halted, pending a comprehensive review and investigation into the procedures followed.
The court also directed the Ministry to provide full documentation and justification for their procurement decisions, emphasizing the importance of adhering to the principles of fairness, transparency, and value for money.
