Minister Mthimkhulu interferes in P36m firebreaks tenders
It never rains but pours at the Ministry of Environment and Tourism! Here, political heads almost always find themselves entangled in the administration and running of the ministry’s affairs. And the newly-appointed Minister of Environment, Meshack Mthimkhulu would not be outdone!
He has been caught wanting after he allegedly directed for the cancellation of Firebreaks tenders of an estimated value of P36 million. The eight tenders with various lots/packages has stirred controversy in the ministry following complaints by two bidders which were dismissed by the Accounting Officer upon appeal.
The bidders are KEC Traits and Procurement and Logistics. The complaints were dismissed following a recommendation by the Procurement Unit which argued that the procurement process of these tenders were administered within the confines of the Public Procurement Act 2021 and Regulations of 2023 arguing that the unit has not deviated from the process and procedures of these legal instruments.
Investigations by Botswana Guardian reveal that one of the bidders, Procurement and Logistics has since lodged a complaint with the Procurement Tribunal. Sources have revealed that the minister on Friday last week called a meeting of senior officials involved in the tenders directing that the tenders be cancelled. The meeting is alleged to have lasted up to late night Friday.
Botswana Guardian has established that the eight tenders have about four lots/package for some where 18 companies could instead benefit. It has emerged that while the cancelation has been effected the tribunal is scheduled to sit on the 29th June 2024 for the appeal lodged. According to sources within the ministry, prior to the Friday meeting the minister had instructed the Director of the Department of Forestry and Range Resources (DFRR) to cancel the tenders.
According to a Savingram seen by this publication, the Director then sought guidance from the Accounting Officer (Permanent Secretary) on the matter. The Director was asked to follow procedure as dictated by the Public Procurement Act. The tenders were closed between the months of March and April this year. While the minister allegedly caused the cancelation, sources have revealed that the ministry has a strong case and stands a chance to win at the tribunal.
This publication has since established that in Grade A there were five tenders, while Grade OC there were three tenders. It has been further discovered that companies in OC category were informed about a complaint but those at A Grade were not informed. The cancelled tenders are for Chobe, Central 1, Central 2, Southern, Ghanzi, Kgalagadi 1, Kgalagadi 2 and Ngami.
A Savingram dated 6th June 2024 from the Acting PS Office addressed to the Director, Department of Forestry and Range Resources reads, (DFRR) Ref : EWTC 5/32/1 iii (325): request for guidance to cancel Firebreaks Tenders. MET- DFRR- Works 15/2023-24; MET- DFRR- Works 18/2023-2024; MET- DFRR- Works 19/2023-2024; MET- DFRR- Works 20/2023-2024; MET- DFRR- Works 23/2023-2024; and MET-DFRR- Works 24/2023-2024, stated that the cancelation should be guided by the Public Procurement regulation 66 on cancelation of tenders which states that a procurement unit shall not cancel a tender without the prior approval of an Accounting Officer.
In addition, a procurement unit shall submit a written request to an Accounting Officer to authorise the initiation of a process to cancel a procurement process, and the request shall state the reason for a cancellation by the procurement unit to cancel a tender; secondly, the status of the procurement process; and thirdly whether a new procurement process is recommended and if so, provide the justification for the recommendation.
The regulation further states that where an Accounting Officer has approved the cancellation of a tender, a procurement unit shall, by Notice in the Gazette, in a newspaper of national circulation, electronic media or Government portal, publish such cancellation.
Further, a procurement unit shall avoid a cancellation of a tender as far as may be practicable, and shall consider to cancel a tender where — a procurement need has ceased to exist or has changed significantly; secondly, due to unforeseen circumstance, the funding of a tender is insufficient for a procurement; thirdly, there is a significant or material change to either the scope or a requirement of the tender, including the bidding conditions, the conditions of a contract or any other detail; fourth, all bids received are not responsive; fifth, there is evidence of collusion amongst bidders; sixth, it is in the public interest to cancel the tender; seventh, there is evidence of a corrupt practice by any person involved in a procurement; eighth, there has been a violation of the conditions of the tender during a tendering period; ninth, there has been a contravention of the provisions of the Act; or lastly, there are any other circumstances compelling the procurement unit to cancel the tender.
The regulation also states that procuring entity shall, where a tender is cancelled prior to the opening of a bid, return the bid to a bidder, unopened. In addition, where a cancellation of a tender is due to a procuring entity’s omission, the procuring entity shall refund a bidder the cost of buying a bidding document and, where applicable, allow the bidder to participate in a re-tender at no cost.
The Savingram stated that the Public Procurement Act of 2021, Public Procurement Regulations of 2023 should be observed.
According to insiders, nothing was found to have been wrong, and there was nothing that warrants cancellation. According to procedure the Procuring Unit (PU) should initiate cancellation and recommend to accounting officer, and this has to be motivated by public interest. Sources have however, indicated that there was no public interest.
Fears are that this decision which has already delayed the works which are supposed to be carried between the month of May and August/ September each year has a likelihood to negatively affect the project as the veldt fires could happen before the projects have been undertaken thereby posing a danger to either property, biodiversity and at times, staid casualties.
News in the government enclave suggest that the Tourism ministry features among those where ministers always interfere in the procurement processes even though President Mokgweetsi Masisi has warned them against such.
“I do not know where you got that. Have there been any tender cancelled? I think the proper person to talk to will be the permanent secretary or the public relations,” Minister Mthimkhulu said when approached for comment.
Acting Permanent Secretary in the Ministry of Environment and Tourism, Boatametse Modukanele could not be reached as his phone rang unanswered and had not responded by press time to enquiries sent though message.