Suppose you are aggrieved by a Public Procurement Process, what legal recourse do you have? Are Public Procuring Entities immune from scrutiny? Can they pick and choose a ‘bidder’ of their liking at will without adherence to the legal framework?
Nganunu CJ once captured the importance of public procurement in these words:
“…the Government by adopting the open tender system not only wanted to give an opportunity to all qualified business people but also to make an open system that by itself will demonstrate to the public in a democratic state how the money is used and that contracting partners are chosen on verifiable objective standards. The tender procedure is very important as it deals with the allocation for State purposes of very large public funds. The public has a real interest in the procedure. Bearing in mind the aforegoing therefore the procedure cannot be allowed to be corrupted however unwittingly. A court would in my opinion protect the procedure and actions resulting in one, some or most of the tenders not being dealt with fairly. To be legitimate the chosen procedure must be adhered to and applied to each tenderer fairly and uniformly.’’[1]
Our Client’s Case
Gobhoza Legal Practice is proud to have successfully represented a Client who had been engaging with the Ministry of Child Welfare and Basic Education for over 10 years, for the provision of e-learning services to Primary Schools.
The Client discovered that a third party was being considered for a related tender through “Direct Procurement”; a process that excluded other capable bidders, including citizens, without following the established legal framework.
GLP, acting on Client’s instructions, approached the High Court for redress. The High Court held in favour of our Client and ordered the cancellation of the tender and further affirmed the need for strict compliance with the well-established precepts of public procurement, more particularly the need for openness, transparency, fairness, competitiveness and the best value for money.
Why this Case Matters
This ruling sends a clear message: public procurement must serve the public, not sidestep them.
Open, transparent, and fair processes protect both taxpayers and bidders while strengthening democracy.
At Gobhoza Legal Practice, our client’s win is our win, and ultimately, it’s a win for all citizens who believe in fairness and accountability in public spending.
We remain your trusted advisors in every area of law. Whatever your legal challenge, we are here to help.
Contact us to schedule your consultation at info@gobhozalegalpractice.co.bw Tel: 3116371
[1] AV COMMUNICATIONS (PTY) LTD v. THE ATTORNEY-GENERAL AND OTHERS 1995 BLR 739 (HC)
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