A P1.57 billion water supply project meant to serve villages in Kgalagadi and Ghanzi has encountered another legal setback.
Tawana JV, the consortium awarded the contract after a protracted court battle, has formally rejected a recent Letter of Acceptance from the Ministry of Water and Human Settlement, calling it invalid and legally non-compliant.
Following a Court of Appeal ruling on March 27, 2026, which confirmed Tawana JV, a 100% citizen-owned joint venture made up of G4 Civils, Landmark Projects, and Asphalt Botswana, as the successful bidder, the Ministry issued a Letter of Acceptance on April 28, 2026.
Now, the P1,577,362,030.33 contract hangs in the balance. In a letter dated April 30, 2026, Tawana JV’s Group Managing Director, Kagiso Macdon Moremi, informed the Ministry’s Accounting Officer that the government’s letter does not comply with the Public Procurement Act, the Invitation to Tender (ITT), or the specific orders of the Court of Appeal.
Tawana JV argues that the Ministry sought to unilaterally change the contract terms instead of following the established procurement process. The Ministry’s letter introduced a mandatory financial and risk reconciliation period starting May 8, 2026, intended to adjust 2024 tender prices to current market inflation.
Furthermore, the Ministry stipulated that no contractual liabilities or claims for cost escalations would be considered until a future Notice to Commence was issued.
The joint venture condemned these conditions as “qualifying statements” that are prohibited at this stage of the procurement process. According to Tawana JV, the law requires the Ministry to simply sign and return the “Form of Offer and Acceptance” already submitted by the contractor, which would create a binding agreement based on the tendered terms.
The consortium claims the Ministry is attempting to revisit, qualify, or condition a court-ordered award.
“The Acceptance Letter in its current form… does not, and cannot, constitute valid acceptance,” the joint venture said, insisting that the Ministry’s role at this stage is implementation, not renegotiation.
Tawana JV has issued a firm demand that the Ministry regularize the contract placement by withdrawing or revising the conditional letter, signing the prescribed Form of Offer and Acceptance without amendments, and acknowledging that no communication outside a formal Schedule of Deviations holds legal weight.
The joint venture gave the Ministry a two-day deadline to return the properly executed documents, stating that it remains ready, willing, and able to perform the work once the legal issues are resolved.
As of press time, the Ministry of Water and Human Settlement has not publicly responded, leaving the future of the Ghanzi and Kgalagadi water supply project in legal limbo.