Patrick Gunda of the Law Department at UB has acknowledged the legitimacy of concerns on both sides of the issue of direct or indirect tender procurement and concluded that neither method is flawless
CALISTUS BOSALETSWE
A University of Botswana law lecturer and legal analyst, Patrick Gunda, has weighed in on the ongoing debate around direct tender procurement that was sparked by President Duma Boko’s recent criticism of the open tendering system.
The President has come under scrutiny for his government’s preference for direct tender procurement, a method previously mired in allegations of corruption in the course of several Botswana Democratic Party governments.
Boko has argued that the open tendering process is inefficient, vulnerable to corruption, and has contributed to delays in critical national projects.
Legitimacy on both sides
In an interview with this publication, Gunda acknowledged the legitimacy of concerns on both sides, noting that neither procurement method is flawless.
“It is not simply about which process is cleaner,” he said. “It is about getting value for money and ensuring that public funds are used efficiently.
“The current administration has committed to cost-saving measures and accused the former government of corruption. Whether that promise is realised remains to be seen.”
Collusion
Boko recently defended his government’s decision to bypass the open tendering process when contracting a Dubai-based firm for a forensic audit.
He argued that selecting companies through open tender can sometimes lead to collusion, particularly when the bidders may be connected to prior corrupt activities.
The UDC’s Director of Strategy and Policy, Dr Patrick Molutsi, has echoed the sentiment that the open tender system is not immune to corruption.
Court battles
“It is well known that even open tender processes have been riddled with controversy,” said Molutsi in an interview.
“Several development projects have stalled due to disputes and court battles stemming from open tenders. This has delayed service delivery and burdened the public purse.”
Molutsi emphasised that direct tendering is governed by specific conditions that can yield efficient results without compromising integrity if the conditions are observed. “I’m not saying the President is right or wrong,” he said.
A bottleneck
“But at the end of the day, the government is accountable for delays and cost overruns. If properly managed, direct procurement could actually improve efficiency.”
President Boko is adamant that the tendering system, while designed for fairness and transparency, has in practice become a bottleneck for national development.
“We’ve seen critical projects – from roads and government buildings to energy infrastructure – halted due to tender disputes,” he has said before.
“Court interdicts have frozen progress for months or even years, impacting service delivery and economic growth.”