- Justice Leburu refuses to grant AG, PPADB stay of execution
- ICRC decides against appeal to award Cul De Sac
- “Landmark’s project performances is unsatisfactory” – Leburu
Gaborone High Court’s Justice Michael Leburu has turned down Public Procurement and Asset Disposal Board (PPADB), Attorney General (AG), Landmark Projects (Pty) LTD and Van Tracks (Pty) LTD’s application for stay of execution in the main judgment that orders PPADB to award the P455million 51 KM Tsetsebe-Masunga road project to Cul De Sac (Pty) LTD.
In a judgment released last week Friday, Leburu observed that the Independent Complaints Review Committee (ICRC), whose decision to award Landmark Projects (Pty) Ltd and Van Tracks (Pty) Ltd was declared null and void by Justice Leburu on February 12th 2020 did not bother to request for stay of execution nor file for appeal. He also noted given the discoveries and evidence provided to the High Court against the applicants, there were little prospects of success in their appeal case which is currently before the Court of Appeal.
“It is common cause that the Independent Complaints Review Committee (ICRC), the decision maker herein whose decision has been declared null and void and alternatively, irrational, has not applied for a stay of execution, nor has it applead. On the basis of such inertia and inactivity, the ICRC has thus accepted and acquiesced in the findings of the court,” stated Leburu.
He maintained that the findings that the Chairperson of the ICRC and Landmark, Van Tracks had direct business dealings presented a clear and sound case of conflict of interest.
“The court, after considering the evidence placed before it, determined that there was a conflict of interest between ICRC chairperson and Landmark (Pty) Ltd, the bidder recommended by the ICRC for award.
The minutes of the Thalamabele -Mosu Gate Project, clearly evinced such a direct business relationship. The court also found out that there was no disclosure of interest, as traversed in the main judgement.”
“On irrationality, the applicants have no reasonable prospects of succeeding at the Court of Appeal. This is borne from the fact that Landmark Projects (Pty) Ltd unsatisfactory performance, on past and present performance, which was an essential requirement in the Invitation to Tender (ITT), was conveniently ignored by the decision maker and thus rendering such a decision illogical and irrational.”
Leburu further said Landmark Projects failed to support their claims that they stand to suffer irreparable harm and prejudice, if the stay was not granted.
In conclusion he advised that the ruling of the main judgement, to award Cul De Sac (Pty) Ltd the Tsetsebe-Masunga road project, should be put into effect as soon as possible as the project has lagged behind since 2016. “Any further delays will result in price escalation. There is also material on site, which is under threat from unlawfuly asportation.”
Cul De Sac Pty (Ltd) is 100% owned by local entrepreneur, Moyapo Machola while Landmark Project is owned by Ben Liu.