Khato Civils (Pty) Ltd, hits back, threatens to sue Umbrella for Democratic Change

20 October 2021

President Masisi and Simbi Phiri celebrating

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The Pan Afrikanist Watchman

A tug-of-war between construction mogul Simbi Phiri of Khato Civils and the country’s biggest opposition party, Umbrella for Democratic Change UDC) is looming on the horizon.

It all started with an interview conducted by Argus Online with Phiri following the commissioning of the 100KM Masama-Mmamashia water pipeline by the President, Dr. Mokgweetsi Masisi.

In that interview, Phiri mentioned how the company had to contend with ‘opposition’ from various quarters to his company being awarded the P900 million tender.

It seems what annoyed the UDC is Phiri’s response to a question asked by the Malawian journalist Daniel Mababa on the level of leadership shown by President Masisi in the project.

To this, Phiri answered that this project has been “delayed many years and based on the rejection that it got from the previous parliament, misinformation really..you can see that the politicians that went on to grandstand in Parliament, they were literally lying about the reasons why they didn’t want the project to go on”.

Now, this is the bone of contention for the UDC. Its Head of Communications, Moeti Mohwasa immediately sprung into action releasing a hard-hitting press statement warning Phiri to steer clear of local politics.

“The Chairman of Khao Civils Mr. Simbi Phiri is on record for having said that the opposition leaders lied about the Masama-Mmamashia 100KM pipeline project.

“He uttered these words as he and his political masters were celebrating the completion of the project last Friday. As the Umbrella for Democratic Change (UDC), we find Phiri’s words reckless and irresponsible, mischievous and divisive.

“We warn and caution him from uttering such words in the future. Phiri claims to be some respectable businessman and thus should know when and where to open his mouth.

“As he feasts on irregularly awarded tender profits, he should do so silently. We know that Phiri has been sent by his BDP handlers to utter such words.


“As they struggle under packs of lies peddled by the highest office in the country to the extreme under the delivery of the 2019 promises, the BDP is desperate for endorsement.

“Who is best to deliver such? Phiri. This is because he is a major beneficiary who feels emboldened to poke his nose where it does not belong.

“We will soon be forced to unleash our fight on him. We will hit hard, so hard that his political handlers will be compelled to step outside to find out why he is wailing.

“They will find him bruised! Phiri must stick to preparing to start repairs to his substandard work and leave Botswana national politics.

“We detest phony businessmen with highly questionable past thinking that Botswana politics is nothing but fair game. He should know that opposition Members of Parliament are duly elected and in Parliament as representatives of the people.

“In his shallow and distorted mind, opposition Members of Parliament should behave like tourists, take pictures and cheer the ruling party.

“Opposition MPs have a right and a responsibility to hold the rulers accountable. They must question irregular expenditure. They must also ensure public funds are used prudently.

“They must question why and how P470 million project leapfrogged to the P790 m and finally P900m as was the case with Masama pipeline.

“For a major beneficiary of irregularity to accuse our MPs of lying is tantamount to fraud. The BDP must also counsel their ‘rich friends’.

“They must tell them not to step into and pollute our politics. Batswana detest foreign business interests that think they can pollute our national institutions such as Parliament.

“Botswana is not his playground”.

But Khato Civils would not be cowed into silence and likewise, its Group Chief Executive Officer Mongezi Mnyani retaliated with a press statement titled ‘Unwarranted attack by the Umbrella for Democratic Change on Khato Civils (Pty) Ltd, and its Chairman, Mr. Simbi Phiri’ dated 19th of October 2021.

In the statement, Khato Civils (Pty) Ltd, and its chairman, Mr. Simbi Phiri (hereinafter, the aggrieved), hereby express deep concern, and disappointment, over a Media release, by the Umbrella for Democratic Change, dated 18/10/21.

Khato Civils says that the aforesaid media release carried defamatory and misleading allegations intended to tarnish the good name of the company, and that of its chairman, aforesaid.


In particular, the company singles out the following allegations for reference relating first to Simbi Phiri (Chairman- Khato Civils (Pty) Ltd):

  • That he (Phiri) feasts on irregularly awarded tender profits
  •  That he is a mouthpiece of BDP political handlers
  • That he is a phoney businessman
  • That he has a highly questionable past
  • That he has a shallow and distorted mind
  • That he interferes in the local politics of the country, while he is foreigner.


As for allegations directed specifically at Khato Civils (Pty) Ltd, the statement took particular note of the following:

  •  That the company is beneficiary of an irregularly awarded tender
  • That the company’s work is substandard
  • That the company fraudulently hiked tender prices on the Masama-Mmamashia project from P470m to P790m and then to P900m

And in response, Khato said it wishes to put it on record, that they respect all national leaders of the Republic of Botswana. Respect for national leadership is, and has always been the culture of the Company, and has been observed in every country where it has undertaken projects. National leadership, in this context, includes both the ruling and opposition party leadership.

“Therefore, it was never the intention of Khato Civils (Pty) Ltd or its chairman, to denigrate or in any way, disrespect the political opposition leadership.


“Specifically, the aggrieved wish to put it on the record that the coinage, “the opposition”, as used in the interview conducted by The Argus Online publication, had no specific or implied reference to the political opposition.

“Same referred to those who spearheaded opposition to the project, as opposed to the political opposition. Key among those were the company’s competitors, who did their best to ensure that the project never got off the starting blocks.

“The aggrieved are aware that some leading figures in both the ruling party and the opposition, succumbed to falsehoods peddled by the competitors.

“It is instructive, that in spite of the fact that the competitor’s opposition fought so fervently to have the project aborted, on grounds of corruption, none ever challenged the tender award in court, or otherwise sought its review. That alone is testament that the tender award was unassailable, on the merits.

“The tender was advertised in March 2018, and it was for Design and construction of approximately 100 km and associated works from Masama wellfield to Mmamashia water treatment plant.

“The tender closed on the 7th of June, 2018 and there were 13 companies in total that submitted their bids. There was never any selective tender process undertaken towards the award of this tender in favour of Khato Civils.

“The amount that Khato Civils tendered for is P781 million inclusive of VAT and therefore we are perplexed by the accusation that price has been inflated. The tender price for the project as submitted by Khato Civils has never changed and people are free to go and inspect the original tender documents.

“It is shocking that there is now an amount of P400 million tender price being mentioned.


“To that extent, the Umbrella For Democratic Change misconstrued the words of Mr. Simbi Phiri and embarked on an unjustified campaign of vitriol.

“The aggrieved find the substance of the media release unfortunate, to say the least, and accordingly demand a retraction, and an apology for the same.

“As a person, Mr. Simbi Phiri is a respected business leader with an international reputation. He feels defamed in his person, and so does the Company Khato Civils (Pty) Ltd, which likewise has an international reputation spanning many parts of Africa, and the world.

“Our critics thrive on the narrow-minded idea that a black-owned
company is incapable of delivering international quality works, which they believe can only be delivered by companies that are owned by non-blacks. Going by such a backward mindset, any success by a black-owned company is associated with corrupt or fraudulent elements.

“The aggrieved, accordingly, challenge the Umbrella For Democratic Change, in vindication of its claims, to produce verifiable evidence substantiating the malicious and injurious claims made in its Media Release.

“It is demanded that the same produce the evidence, within ten
(10) days of the release hereof. In the event of failure so to do, the
aggrieved shall take advice on legal recourse, to vindicate their names.


“The aggrieved are content to appear before the court, should the Umbrella For Democratic Change so elect, to answer to any civil claim or criminal accusation.

“The aggrieved take exception to the threats made in the media release and affirms that the company shall not succumb to any bullying or intimidation, and shall lawfully trade in its space, without fear, or favour.

“Khato Civils (Pty) Ltd, and its Chairman, Mr. Simbi Phiri, wish to
assure the good, and peace-loving people of the Republic of Botswana, of its commitment to the observance of the rule of law, and high level professional and ethical conduct, upon which its business model is based.

“Khato Civils has a proven track record for service excellence, and we have executed this project without fail and within the required time frame.

“The water is now flowing from Masama Fields to Mmamashia for
over a month now. We are of the view that that the article made serious unfounded allegations and innuendos intended to bring Khato Civils, its affiliate company, South Zambezi, and its chairman into disrepute.

“If anyone has credible information that Khato Civils or any of its directors has been involved in any corrupt activities, we advise them to go and report the matter to the law enforcement agencies and stop peddling lies that they cannot substantiate without any credible evidence.




“We will therefore not tolerate or accept any unsubstantiated innuendos intended to bring disrepute to Khato Civils, South Zambezi, its directors, stakeholders, and employees go unchallenged”.



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