The findings reveal a disturbing pattern of misconduct and lack of transparency that cannot be ignored.
The Tribunal, led by Judge President Justice Kabelo Lebotse, has rightly condemned the Ministry for its eyebrow raising conduct in awarding a P1.8 billion water tender to China Civil Engineering Construction Corporation (Pty) Ltd and Zhong Gan Engineering & Construction Corporation (Pty) Ltd.
The award was made despite alleged clear evidence that the company did not meet the necessary criteria, and it was only through the persistent efforts of the Tribunal that the truth was uncovered.
The Ministry’s actions, as detailed by the Tribunal, demonstrate a blatant disregard for the principles of fairness, transparency and accountability. The Ministry’s decision to withhold material facts and perpetuate falsehoods during the procurement process is a serious breach of trust.
It is evident that there was a deliberate attempt by procurement officers to favour China Civil at the expense of other bidders, such as Tawana JV, who were unfairly disadvantaged.
This case highlights the urgent need for a thorough review of procurement processes within the Ministry. The Directorate on Corruption and Economic Crime (DCEC) must conduct a comprehensive investigation to ensure that those responsible for this misconduct are held accountable.
It is imperative that the Ministry’s procurement practices are reformed to prevent such incidents from occurring in the future.
Accounting officers and other officials involved in procurement must be reminded of their duty to act with integrity and uphold the highest standards of conduct. The promotion of transparency and fairness in procurement is not just a legal requirement but a moral obligation. Public officials must be held to account for their actions, and any attempts to subvert the law must be met with swift and decisive action.
The role of the Procurement Oversight Unit (POU) is crucial in ensuring that procurement processes are conducted in a fair and transparent manner. However, the POU’s failure to act impartially in this case is deeply concerning. It is essential that the POU is strengthened and empowered to carry out its mandate effectively.
Corruption in public procurement not only undermines public trust but also has far-reaching consequences for the delivery of essential services. The misallocation of resources and the awarding of contracts to unqualified bidders can lead to substandard work and wasted public funds.
This cancellation comes at a significant cost. The affected communities, who have been waiting for this water supply project, continue to suffer.
The DCEC’s investigation must be thorough and transparent, and the findings must be acted upon without delay.
‘People should be conscious that they can change a corrupt system’
-Peter Eigen
