Kenmart Investments has given Gaborone City Council 48 hours to pay P442,203.72 for mayoral office refurbishment and furniture, warning of recovery proceedings.
GAZETTE REPORTER
Gaborone City Council (GCC) faces legal action over P442,203.72 that supplier Kenmart Investments says remains unpaid for refurbishment works and furniture supplied to Mayor Oarabile Motlaleng’s office.
In a final demand letter addressed to the Acting Town Clerk, Kenmart’s lawyers, Mbewe Legal Practice, have given the council 48 hours to settle the debt. The lawyers warn that failure to pay would trigger recovery proceedings under the Local Authority (Proceedings) Act.
Disputed Procurement
The dispute centres on refurbishment works and furniture supplied and installed in the office of Gaborone Mayor Oarabile Motlaleng. The supplier alleges that the council accepted its quotations, took delivery of the completed work and furniture but has failed to settle three invoices despite repeated follow-ups and assurances of payment.
According to the demand letter, the then Town Clerk, Daniel Katjinotjiwa, initiated the project by convening a meeting at the mayor’s office before visiting Kenmart’s premises. The company subsequently submitted separate quotations for refurbishment works and furniture.
On May 18, 2026, the council allegedly issued two formal letters accepting quotations worth P258,666 and P171,567.72, bringing the combined value to P430,233.72.
Kenmart claims it proceeded with the work following the written acceptances and verbal approval. Some council officials allegedly participated in overseeing the project. The completed office was handed over to the mayor, council executives and other representatives on May 28, 2026. One of the council officials reportedly signed the furniture delivery note on behalf of the council on the same day.
A further delivery note dated August 21, 2026, allegedly records the return of the council’s old furniture.
The supplier maintains that the council has continued using the refurbished office and furniture despite leaving a substantial portion of the bill unpaid.
“The Council has not disputed the agreed prices, the quality of the work or the completeness of delivery,” the lawyers state in the demand letter.
Unpaid Invoices
The outstanding amount comprises P258,666 under invoice 1125-1GCC, P171,567.72 under invoice 1125-2GCC and P11,970 under invoice INV-1127-1GCC, relating to the reupholstery of seven office chairs using Egyptian leather.
The lawyers say the council has already paid two other invoices associated with the project, worth P186,960 and P69,229.35, which have been excluded from the demand.
Payment Assurances
Kenmart alleges that its efforts to secure payment have yielded little progress. The letter states that on May 27, the Town Clerk was contacted by telephone and reportedly indicated that payment would be processed within 48 hours. Written follow-ups were subsequently made on June 1 and June 4.
The company also reportedly met the Council Secretary and Acting Town Clerk, who undertook to follow up on the matter.
The demand letter says the council had requested supporting documentation on June 8. Kenmart maintains that the two signed letters of acceptance provide written evidence of the agreement.
“If the Council alleges that any procurement or approval requirement affects payment, it must identify the requirement, its factual and legal basis, and the steps being taken to resolve it,” the lawyers state.
Additional Claim
Beyond the principal debt, Kenmart is demanding 10 percent compensation for delayed payment, arguing that almost five months have elapsed since the work was completed.
The lawyers have warned that any recovery proceedings could seek the outstanding principal, together with legally recoverable interest, compensation and legal costs.
The Acting Permanent Secretary in the Ministry of Local Government and Traditional Affairs and Motlaleng were copied in the letter of demand. Gaborone City Council declined to comment on the matter.
Pull Quote Suggestion
“The Council has not disputed the agreed prices, the quality of the work or the completeness of delivery,” the lawyers state.
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