The controversial P662 million tender at the Ministry of Child Welfare and Basic Education has thrown Acting Permanent Secretary Mmamiki Kamanakao and the ministry’s preferred bidder, Emeritus Training Academy Botswana, into a storm of regulatory trouble.

The multi-million pula contract-meant for the implementation of an Integrated STEAM e-learning solution, early childhood learning platforms, coding and robotics training, and teacher capacity building-was struck down last month by the Maun High Court. The court acted after one of the competing contractors filed an urgent application to interdict the award process.

Now, the Public Procurement Regulatory Authority (PPRA) has added weight to the controversy. Following a statutory investigation launched on August 5, 2025, the watchdog concluded on August 28 that the ministry failed to meet key requirements of the Public Procurement Act and regulations in its handling of the tender.

At the centre of the dispute is the ministry’s decision to pursue direct procurement in at attempt to award the tender to Emeritus Training Academy Botswana. According to PPRA, the ministry provided no adequate justification for sidestepping competitive bidding, with none of the legal conditions for direct procurement having been satisfied. The regulator dismissed the ministry’s reasoning-based largely on convenience and prior contact with Emeritus-as insufficient under the law.

The PPRA findings highlight a litany of irregularities. These include the ministry’s failure to confirm funding before embarking on the procurement process, a violation of Section 6 of the Act. Investigators also cited lapses such as incomplete bid documentation, lack of disclosure instructions for third-party access to information, and non-compliance with requirements for beneficial ownership declarations.

“The ministry failed its obligation to be transparent, fair, and to use the most competitive procurement methods to ensure value for money and maintain a level playing field,” the PPRA stated.

Further scrutiny fell on Emeritus Training Academy Botswana itself. The regulator found the company’s bid riddled with ambiguities and potential risks for uncontrolled costs, raising concerns that the final price tag could far exceed the P662 million figure during implementation. In addition, Emeritus allegedly failed to substantiate claims of technical capacity and relevant experience to deliver the project.

Worryingly, the PPRA suggested that Emeritus may have misrepresented material facts about its ownership and management to appear compliant with citizen reservation and preferential treatment policies, a possible breach of Code 3.2 of the Conduct for Contractors. The company has since been referred to the Suspension and Delisting Committee for further investigation.

As a result, the PPRA has ordered the ministry to cancel the tender outright. It directed the ministry to return to the drawing board—this time ensuring funding is secured, project terms of reference are properly developed, and competitive procurement methods are used. It also called for stronger governance structures, separation of duties, and market testing before any retendering.

“In accordance with Regulation 134(4) of the PP Regulations the Accounting Officer (Kamanakao) shall respond in writing to this directive and the report herewith submitted, within 14 days from the date of receipt of this directive, indicating any action to be taken and shall, in addition, prepare and submit to the Authority a report on the implementation status within three months from the date of receiving the directive,” PPRA said.

It also stated that: “Emeritus Training Academy Botswana (Pty) Ltd is hereby referred to the Suspension and Delisting Committee for investigation into possible contravention of Code 3.2 of the Code of Conduct for Contractors.”