13 Sep 2020

Implementation of projects in the Ministry of Transport and Communications is affected by litigation, says Minister Thulagano Segokgo.

The minister told Parliament on Thursday that litigations involved contractors who disputed award of tenders, hence interdiction from commencing projects whilst awaiting determination of court cases.

“This court process can take years, thereby resulting in delayed delivery of projects,” he explained.

Mr Segokgo also said the impact of litigation on the ministry’s projects had also imposed additional costs associated with standing time of contractors and increased cost of materials as well as at times resulting in changes to the original scope.

However, Mr Segokgo said  Mahalapye-Machaneng phase 1 was settled out of court in a timely manner with no additional costs to date.

According to Minister Segokgo, the ministry was not in a position to quantify the litigation costs since  they were borne by the Attorney General.

“The following projects have been completed; resealing and road marking of Molepolole-Lephephe section two road, Tsootsha road and Serule-Selebi Phikwe,” he said.

Moreover, Mr Segokgo said holding government officials personally liable for financial loss to the government was already part of the law under the Public Finance Management Act where officers were surcharged for causing loss of public funds.

This, he said, was based on the principle that government officials had duty to carry out their work with due diligence and reasonable care.

“Similarly, I agree that an instrument which holds contractors liable for costs incurred by government in projects which are delayed by unnecessary litigation should be passed,” he said.

Minister Segokgo was answering a question from Kanye North legislator, Mr Thapelo Letsholo, who wanted clarification on the impact of litigation on the Ministry of Transport and Communications over the past five years.

Mr Letsholo also wanted to know how much the ministry had spent on litigation costs in the time, clearly articulating projects settled out of court.

Lastly, the legislator wanted to know if the minister would support a motion to hold government officials personally liable for litigation costs incurred by government and attributable to negligence on the part of officials. ENDS