The Maun High Court has set aside the P662 million controversial tender awarded by the Ministry of Child Welfare and Basic Education – ruling that the procurement process was irregular and failed to comply with public procurement regulations.
The disputed tender had been awarded to Emeritus Training Academy Botswana (Pty) Ltd, a company partly owned by a South African entity, to provide integrated STEAM e-learning solutions, early childhood education platforms, as well as coding and robotics programs. However, local software developer Tecboe Pty Ltd challenged the award, arguing that the process lacked transparency, competitiveness, and fairness.
Delivering judgment on August 29, 2025, Justice Bugalo Maripe found in favour of Tecboe, stating that the Ministry had failed to provide sufficient justification for the use of direct procurement, as required under Regulation 20 of the Public Procurement Regulations. The court emphasized that the Ministry’s reliance on its benchmarking encounter with Emeritus Training Academy in South Africa did not qualify as valid grounds to bypass open competition.
Justice Maripe further noted several breaches of procurement laws, including failure to confirm the availability of funds before initiating the procurement activity, omission of mandatory forms such as the Declaration of Beneficial Ownership, and exclusion of instructions to bidders regarding confidential disclosures. The court highlighted that these omissions violated both the Public Procurement Act and its accompanying regulations.
“The ministry failed its obligation to be transparent, fair, and to ensure competition among contractors by using the most efficient and competitive methods of procurement to achieve the best value for money,” the ruling stated.
The court also criticized the tender scope, saying it was inadequate and poorly defined, effectively leaving critical risk and cost elements to be determined by the bidder. This, the court ruled, could expose government to uncontrolled expenditure and erode the principle of value for money.
In addition, Emeritus Training Academy Botswana was found to have submitted a bid with significant gaps, including lack of verifiable evidence of experience and capacity to deliver the services required. The company was also flagged for possible misrepresentation in relation to citizen ownership and management, raising questions about compliance with the Code of Conduct for Contractors.
As a result, the court ordered the Ministry to cancel the tender with immediate effect and to restart the process under proper procurement procedures. The Ministry has been directed to secure funding before re-tendering, establish a clear project management structure, develop robust terms of reference, and use competitive bidding methods in line with the law.
Emeritus Training Academy has been referred to the Suspension and Delisting Committee for investigation into possible violations of procurement ethics.
Meanwhile, the court had given parties until September 4, 2025, to file written submissions regarding costs, with the final ruling on that matter expected on November 28, 2025.
The judgment is seen as a landmark decision in reinforcing procurement accountability and ensuring fairness in the awarding of high-value government contracts.
