Boidus Focus - Vol 4, Issue 7 [Aug 2014]

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BOTSWANA’S BUILT ENVIRONMENT NEWSPAPER

www.boidus.co.bw | Today: 06 Sustainability Starting blocks with climate change

| Volume 4, Issue 7 | AUGUST 2014

Feature: to Consider 18 Factors 15 Education Botho University Builds When Establishing Francistown Campus

Sector Regulation

BOIDUS FEATURE >

Meet three of Botswana’s best rising engineers

BOIDUS EXCLUSIVE >

Felix Chavaphi, founder of Norcon Group; Tapa Moseki, partner at Engineering Partners International; Matlhodi Keaikitse, partner at Ezra’s Contracting Services by Kibo Ngowi

BR Properties - Botswana’s first Parastatal Property Investment Subsidiary by Kibo Ngowi

BR Properties is a pioneer organisation as it is the first example of a company established to commercially exploit the real estate assets of a Botswana Government enterprise. The performance of this company will serve as a test case for many other

departments with ambitions of creating similar entities. Boidus Focus met with BR Properties Managing Director Oarabile Zhikhwa to explore the brief history and long-term ambitions of her organisation. >>> CONTINUED PAGE 05

LEFT: Felix Chavaphi, MIDDLE: Tapa Moseki, RIGHT: Matlhodi Keaikitse

“I would say that as an engineer, especially in the construction field, experience is crucial, which is why firms tend to only hire engineers with a high amount of experience for senior project roles. And that’s understandable to me, because as much as you can go to school and read books, there’s no substitute for actually being involved in a project...” - Matlhodi Keaikitse

Felix Chavaphi Portfolio [TOP] University of Botswana Library at a cost of P54 million with Murray & Roberts [BOTTOM] Gaborone Taxi Rank Shopping Complex Plot 7 at a cost of P2million with Murray & Roberts

“In this line of work you need to put yourself in a position where you have interest and ownership of the projects you’re dealing with because structural engineering is a sensitive field in that we are dealing with peoples’ safety. We are putting up structures which are going to house lives so you can’t approach this profession as simply a job. You have to see it as a responsibility and a privilege.” - Tapa Moseki >>> CONTINUED PAGES 03, 04, & 06

>>> CONTINUED PAGES 04, 08

A Fresh Approach to Buiding a Home - Inside House Agolen II by Leago Sebina

As an architect, the opportunity to design a building offers, not only the creation of a physical expression of the building itself, but also the possibility for architecture to mould the life and memories of its inhabitants. Therefore, one could argue that architecture should be thought of as being alive as

opposed to the way it is usually viewed, as being static. There is no other building typology that embodies such a notion of architecture than the house, the most basic and primal form of shelter for human beings. >>> CONTINUED PAGE 14


Local News Page 2

BOIDUS FOCUS August 2014

Advertorial

SPRINT COURIERS GETS ISAQ AWARD Sprint Couriers is to be presented with the International Star Award for Quality (ISAQ) at the Business Initiative Directions’ (BID) international Quality Convention to be held on September 20 - 21 in Geneva, Switzerland. The ISAQ honours organisations merits in innovation, quality, excellence and good practices and has been presented internationally to companies and organisations since 1987. Sprint Couriers has been chosen for fulfilling 70 per cent of local courier market needs, creating customised domestic services exclusively for the Botswana market and being the only courier company co-owned by women in all of Africa. Sprint Couriers operations director Ms Pinkie Setlalekgosi said she believed that the honour had made the country proud. She also said they were honoured to be representing women. “This award is for all the women in the world, all the women in Africa and for Botswana.” “The awards we have received as Sprint Couriers only make us want to work that much harder at achieving our goals and continuing to be number one. The best quality of the service we provide is the main focus and we are always aiming for constant improvement. This particular one is going to give us a chance to network with people from different businesses and professionals. It is a great opportunity and we are honoured and excited to have been recognized on an international platform” said the project director Mrs Michelle Gebrial. The BID awards are held annually to celebrate the achievements of member organisations by way of the International Star Award for Quality. BID is a global consultancy firm dedicated to spreading performance excellence in both the public and private sectors worldwide.

News Briefs

P2.6b

Compiled by Keeletsang P. Dipheko

The demand for steel in Botswana in 2013, according to International Trade Statistics, which currently imports all its steel, mainly from South Africa and China.

NEW COMPANY SET TO DRIVE STEEL PRODUCTION FOR NATIONAL DEVELOPMENT A fully integrated steel manufacturing company, Pula Steel and Casting Manufactures, has been established in Botswana and already begun construction of a steel plant, at a projected cost of P89.5 million, which will create 1000 direct jobs at full production. Speaking at the groundbreaking last month, Vice President Dr Ponatshego H.K. Kedikilwe indicated that Botswana currently imports all its steel, mainly from South Africa and China, and that the demand for steel in Botswana amounted to P2.6 billion in 2013, according to International Trade Statistics.

MIST TO HOST CONSTRUCTION PITSO The Ministry of Infrastructure, Science and Technology (MIST) will host a Construction Pitso at the Gaborone International Convention Centre this week (5th to 6th August). The theme of the Pitso is “Restructuring Infrastructure Science & Technology Space for Excellence” and its stated purpose is to reflect on matters that cover the complete mandate of infrastructure, science & technology. The gathering is also expected deliberate on matters of Project Financing and Public Private Partnerships with a view to bringing these issues back into public debate.

OESAI TO HOST FIRST INSURANCE CONFERENCE IN BOTSWANA The 37th annual Organisation of Eastern and Southern Africa Insurers (OESAI) conference will be held in Botswana for the first time in its history. The conference, which is themed, “Overcoming Barriers to Enhancing regional Capacity in the Insurance Industry,” will attract over 130 delegates from over 25 countries, including potential insurance investors, decision-makers, and high level delegates from Eastern and Southern Africa to Gaborone in mid-August. The conference is an opportunity for local and foreign insurance companies to interact and build relationships.

MANXOTAI BRIDGE DEFECTS NOT A RESULT OF POOR WORKMANSHIP Assistant minister of Local Government and Rural development Ms. Botlogile Tshireletso has stated that the defects evident on the newly constructed bridge at Manxotai are not a result of poor workmanship, inadequate design or structural failure and therefore neither the consultant nor the contractor can be charged for the repairs. The minister delivered this information in Parliament this past week and went on to say that the damage came as a result of the extremely heavy rainfall that was received in the river catchment area in 2013.

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Leader of the Opposition in Parliament Dumelang Saleshando placed before Parliament a motion calling for investigations into land scarcity in urban centres. Saleshando asked the House to decide on a comprehensive land audit to establish the factors that have led to demand outstripping supply in most urban centres. While he commends the efforts of the Land Administration Procedure Capacity and Systems (LAPCAS), Saleshando argues that the programme only records ownership of land without scrutinising questions of land supply and demand.

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For more details on these stories please visit www.boidus.co.bw


BOIDUS FOCUS August 2014

Boidus Feature Page 3

Meet three of Botswana’s best rising engineers: Felix Chavaphi by Kibo Ngowi

CONTINUED FROM THE FRONT PAGE

Felix Chavaphi first entered the engineering industry with the firm Murray & Roberts. During his studies at the University of Botswana he spent both of his professional attachments at the firm so when he graduated he immediately joined the company as a Junior Engineer. The first project he worked on for the firm was actually on the campus of his alma mater. It was the UB Library, built at a total cost of P54 million, over a project duration of roughly two years. The project actually started while he was still a student at the University and as a full-time employee of Murray & Roberts he was part of the team that saw the project through to completion. Another significant project he worked on for the firm was Plot 7 at the Gaborone Taxi Rank Shopping Complex which was done in five months at a cost of P2 million. Chavaphi explains that the logistics around the project were quite complex because he and his team had to work in a constantly busy environment in which people, taxis and combis were always moving back and forth and the size of the plot meant they also faced challenges associated with limited space. Nonetheless, his performance on that project was so exceptional that he received an internal award from Murray & Roberts. Things were going well with the firm until they tried to transfer him to Kasane. Having grown in up in the rural village of Tutume, Chavaphi says he was not interested in going back to a rural area. He had long had ambitions of going to the city and going into business for himself. When Chavaphi was younger he had actually wanted to be a lawyer but his carpenter father influenced him into taking the technical route, even getting a job for the young Felix at the Quantity Surveying firm of one of his friends, during Felix’s gap year after completing form 5. That was the experience that peaked Chavaphi’s interest in pursuing a technical career, while still keeping his entrepreneurial ambitions in mind. He went on to earn a Bachelor of Engineering in Building and Construction Degree from the University of Botswana.

After leaving Murrary & Roberts, Chavaphi took the bold step of establishing his own engineering firm, Norcon Group, in 2001. He was fortunate to gain the assistance of a friend and entrepreneur in his own right, Mr. Matenje, who gave Chavaphi his first job, building Matenje’s house in Phakalane. Chavaphi actually used the upfront payment he received from Matenge to buy his company’s first tools. Another significant project Chavaphi did with Norcon was the construction of two Magistrate Courts in rural areas that were done simultaneously for Local Government. One was in Moshaweng and the other was in Kolonkwaneng. The two villages are located hundreds of kilometres apart so Chavaphi had to carefully manage his resources to make sure that both projects stayed on track. They were built at an approximate cost of P3 million each. Norcon has grown into a successful company, employing over 20 permanent staff, and boasting completed projects varying across residential developments and renovations, culvert construction, storm water drainage construction and others. Most recently, the firm constructed the Boitekanelo College campus at a cost of over P5 million. In 2003, Chavaphi had the good fortune of receiving an offer to buy a stake in a solar company – then Solahart but now Energy Systems Group.

He bought a 50% stake in the company, the rest of which would remain with the founder who serves as Marketing Manager. The company has since grown to be an all-round energy solutions provider with several different business units, including thermal, mechanical and electrical. It now employs over 50 permanent staff and outsources others for various projects. Chavaphi is the Chairman and CEO of Energy Systems Group, as well as the Founding President, Chairman and COO of Norcon Group, and even at this advanced stage of his career he remains serious about developing his ability. Last year he earned a Masters in Business Leadership from the University of South Africa (UNISA).

Name: Felix Chavaphi Age: 41 Firm: Energy Systems Group Chairman and CEO; Norcon Group Founding President, Chairman and COO. Qualifications: Bachelor of Engineering in Building and Construction from the University of Botswana (UB); Masters in Business and Leadership from the University of South Africa (UNISA). Key Projects: • Project Manager on the simultaneous construction of the Kolonkwaneng Customary Court and the extension of the Moshaweng Customary Court at a cost of P3 million each for Norcon Group; • Junior Engineer and Site Manager on the construction of the University of Botswana Library at a cost of P54 million with Murray & Roberts; • Junior Engineer and Site Manager on the construction Gaborone Taxi Rank Shopping Complex Plot 7 at a cost of P2million with Murray & Roberts.


Boidus Feature Page 4

BOIDUS FOCUS August 2014

Meet three of Botswana’s best rising engineers: Tapa Moseki by Kibo Ngowi

CONTINUED FROM THE FRONT PAGE

Name: Tapa Moseki Age: 39 Firm: Engineering Partners International Qualifications: Bachelor of Civil Engineering from the University of Botswana (UB) Key Projects: • Design and supervision for Tlotlo Hotel and Conference Centre, Gaborone, at a cost of P26 million with Engineering Partners International; • Design and supervision for Boitekanelo Training Institute with Engineering Partners International; • Assistant Site Engineer for Bokomo Mills Warehouse, Gaborone, with Murray & Roberts. After graduating from the University of Botswana with a Bachelor’s Degree in Civil Engineering, Tapa Moseki spent almost a year searching for employment. He was repeatedly turned away from companies claiming not to have any extra work, until finally he decided to take matters into his own hands. He resolved that he would not leave the next engineering firm he approached without a job but sure enough the next one he approached had the same story as the others. He didn’t give up. He told the Senior Engineer at the company that he wanted an opportunity to simply learn the processes and they wouldn’t have to pay him a thebe. It was agreed and for the next month Moseki worked diligently with no contract.

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At the end of that month, the engineer who had allowed him to stay called Moseki into his office, offered the young engineer a contract and gave Moseki a fee for the work he had done that month. The Senior Engineer was Mr. Thipe and the firm was Pinagare Engineers. “Mr. Thipe was a good man,” Moseki says, looking back on that experience years later. “He gave me a chance to prove myself and once I had, he gave me a job.” It was while working under Mr. Thipe that Moseki started focusing on structural engineering, as his new boss was an accomplished structural engineer, and since then he’s mostly been doing structural work. After Pinagare he went to Murray & Roberts and

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it was during his time there that he did the first major project of his career. He was on site on a project in Gaborone – Bokomo Mills in Gaborone West. “That project was an engineering system all of its own,” says Moseki. “Because you had a lot of concrete works and a lot of steel work as well because the building was a four-level structure of steel columns and beams with concrete slabs. We had underground concrete channels, a bit of rail and concrete pavement throughout the plot.” Moseki says he was also fortunate to have been put in charge of the steel subcontractor for the purpose of speeding up the work. The experience gave him a great appreciation of steel works, specifically what you can get out of using steel, how you can deal with issues that come up on site and also the precision that is required when you’re creating steel fabrications. He then left the private sector to join the Department of Building and Engineering Services (DBES). Initially, he joined the department with the hope of getting sponsorship to further his education but after four years working there he realised it was never going to happen. However, he did grow from the experience in other ways:

the discipline. His first project with EPI, which remains one of the most significant of his career, was the construction of Tlotlo Hotel and Conference Centre, on which he was responsible for design and supervision. “The challenges that you come across in a building project were quite evident with the hotel,” says Moseki. “Tlotlo was basically a low bearing wall system building combined with concrete frames which are your columns and your beams and the challenge wasn’t the issue of structural design. It was mostly the supervision at implementation stage. This is where you have a project that needs to be delivered quickly and you have a contractor that you were not involved in selecting but you have to supervise him. Ideally as an engineer you want to have been involved in detailing the plans beforehand so that during the construction process it’s a matter of just inspecting to make sure that you’re plans are being realised. But that’s not always what happens.” The project involved a great deal of adapting to unfamiliar circumstances but Moseki ultimately grew from the experience: “It opened my eyes a lot and helped me gain a lot of important expe-

“We had a lot of projects and an environment that were quite interesting, where you had a team of engineers and architects under one roof. And as new engineers kept coming I felt that this was an environment that was quite conducive for someone to begin a career because when I was there there was never any shortage of projects; government departments will always have projects.” Working at DBES was also significant because in that position he had to oversee the work of various professionals from the private sector: “Basically at DBES it’s like you’re the boss to the outside guys so you need to be alert of what you’re doing all the time because you’re constantly dealing with business people and when you get an opportunity to lead them you need to be at a level above them.” After leaving DBES, Moseki spent two years working for Intech Engineers based at the Ministry of Local Government’s project management office, the Project Implementation Unit where, he was engaged strictly in project management work. Finally, in 2011, Moseki became a partner in the private firm Engineering Partners International. EPI is a partnership between three engineers, one structural engineer and two water engineers. Moseki says the dream is for it to grow into a complete engineering firm containing professionals across all the different specialisations of

rience. Some mistakes I made on that project I’ll be sure to never make again. As the first project I did on my own it was an important learning curve for me.” Moseki is currently the Director of Engineering Partners International and he has been engaged in a number of projects spanning across residential developments, retail centres and warehouses and most recently he was responsible for the design and supervision of the Boitekanelo Training Institute in Gaborone. Moseki sees his overriding passion for his vocation as the key to his success: “In this line of work you need to put yourself in a position where you have interest and ownership of the projects you’re dealing with because structural engineering is a sensitive field in that we are dealing with peoples’ safety. We are putting up structures which are going to house lives so you can’t approach this profession as simply a job. You have to see it as a responsibility and a privilege.”


BOIDUS FOCUS August 2014

Boidus Feature Page 5

BR Properties - Botswana’s first Parastatal Property Investment Subsidiary

than just lumping services together,” says Zhikhwa. The restructuring will see BR Properties separating its operations into four different business lines: Asset management, development management, property management and facilities management.

by Kibo Ngowi

CONTINUED FROM THE FRONT PAGE

The history of rail transportation in Botswana stretches back for over a century with the construction of a single railway line that traverses Botswana from Ramatlabama in the South to Bakaranga in the North, originally built as part of Bechuanaland Railway Company’s line from Vryburg (South Africa) to Bulawayo (Zimbabwe). However it was only in 1986 that the Government of Botswana established Botswana Railways through an Act of Parliament and the following year this entity took over operation of the 641km railway line that runs through Botswana from the National Railways of Zimbabwe. Botswana Railways began by offering freight, container terminal, passenger and parcel (blue mark) services (though the passengertrain service would be discontinued in 2009). In the face of Botswana Railways’ poor performance, a decision was taken to review an Act of Parliament aimed at rescuing the struggling parastatal. The 2004 Botswana Railways Act was enacted to, amongst other things, allow Botswana Railways to exploit its real estate assets in order to boost its revenue. Out of this came BR Properties, a subsidiary established to exploit the value of Botswana Railways’ land assets, which officially began its operations in 2007. “This company was established, firstly to unlock the value of BR land because it surfaced that BR has a lot of land, especially along the railway reserve and along main stations so something had to be done to exploit its value,” says Zhikhwa. “The other aspect is that BR wanted to deal with their core business, which is rail and freight transportation, and they wanted a company that would take care of their land and buildings for operational purposes. We are effectively managing BR properties in support of their core operations.” With regards to unlocking land value, the first ma-

jor project the company undertook was the development of a retail centre, built on the roughly 8-hectare-sized Botswana Railways land, plot 4716, next to the Gaborone Bus Rank, and opened in 2012. Rail Park Mall is a first-of-its-kind PPP built and run in partnership between BR Properties, Botswana Railways and several private entities. A Special Purpose Vehicle company named JTTM was formed in partnership between BR Properties, BIFM, Eris Properties Botswana, Larney Investments and Botswana Railways to develop on land

Botswana Railways had agreed to release on a 40year lease. “The strategy of Botswana Railways has been retention of land so the only way we could go into partnership was through leasing out the plot for a period of time,” explains Zhikhwa. “The partnership with the private sector served to supplement the equity financing Botswana Railways could provide and to leverage on the expertise of the private sector on the development, design and management of a retail centre.” The development is currently managed by Khumo Properties but BR Properties are to take over in the near future.

admits that this model has made it hard for the company to stand on its own. The MD identifies this as a lesson that other government entities with ambitions of establishing similar companies can learn from. Many have visited BR Properties for benchmarking purposes including the Councils of Ngami, Gaborone and Francistown and the National Railways of Zimbabwe. The growing pains BR Properties is experiencing can optimistically be seen as paving the way for the future efforts of others.

Currently, the company employs around 17 personnel, beginning with the MD who runs the day-to-day operations of BR Properties and answers to the Board of Directors. Below her is the Property Manager who also serves as the Board Secretary, followed by senior personnel dealing with development, estates, credit control, accounts and administration. The restructuring will see the staff complement becoming more focused around the four business lines. In spite of the challenges, Zhikhwa states that BR Properties is aiming to be amongst the top 5 com-

“This company was established, firstly to unlock the value of BR land because it surfaced that BR has a lot of land, especially along the railway reserve and along main stations so something had to be done to exploit its value,” says Zhikhwa. “The other aspect is that BR wanted to deal with their core business, which is rail and freight transportation, and they wanted a company that would take care of their land and buildings for operational purposes. We are effectively managing BR properties in support of their core operations.” From an operational perspective, BR Properties has refurbished BR staff houses in Selibe Phikwe, Francistown, and Gaborone, as well as the Guesthouse and the Training Centre in Francistown. The company has also built houses for Botswana Railways track workers in Otse as part of its mandate of effectively managing Botswana Railways real estate. However, beyond this role the company has ambitions of becoming a high-value real estate investor. Zhikhwa says they are currently doing a land assessment to identify opportunities and so far they have identified potential sites such as one in Francistown where they are considering a commercial development; around the Shashe River and in Palapye where they are considering agro-businesses subject to feasibility assessments. Preliminary investigations are also taking place in Lobatse and Mahalapye, home of the Botswana Railways Headquarters.

But it would be wrong to write off BR Properties just yet. The company is currently undergoing restructuring and the main change has to do with developing organisational capacity and clarity of its service offerings. “What we’ve identified is that it’s important for the structure of an organisation to be clearly aligned to its mandate and strategy, hence the need for clear service offerings rather

panies within the property industry in the next 3 years (following an in-house survey through which industry professionals identified the top 5 development and management firms and found BR Properties does not feature) and if her organisation can attain this feat it will be a major coup, not just for Botswana Railways, but for the Botswana Government and the region as a whole.

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However, the Achilles Heel that has stunted the growth of the organisation thus far has to do with funding. Since its establishment BR Properties has regularly received funding from Botswana Railways for its operations rather than being given an upfront capital injection, and Zhikhwa

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BR PROPERTIES TIMELINE 2004 – In the face of Botswana Railways’ poor performance, Botswana Rail-

ways Act is enacted to, amongst other things, allow the parastatal to exploit its real estate assets in order to boost its revenue.

2007 – BR Properties, a subsidiary established to exploit the value of Botswana Railways’ land assets and to effectively manage Botswana Railways’ properties in support of the parastatal’s core operations, officially begins its operations.

2012 – Rail Park Mall, a first-of-its-kind PPP, built on the roughly 8-hectare-

sized piece of Botswana Railways land next to the Gaborone Bus Rank, is officially opened. The retail centre is built by a Special Purpose Vehicle Company formed in partnership between BR Properties, Botswana Railways, and several private entities, on land Botswana Railways had agreed to release on a 40-year lease.

2014 – BR Properties is in the process of restructuring its operations into four

different business lines: Asset management, development management, property management and facilities management. Land assessment to identify opportunities currently underway and potential sites already identified in Francistown, around the Shashe River and in Palapye. Preliminary investigations also underway in Lobatse and Mahalapye.

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BOIDUS FOCUS August 2014

Meet three of Botswana’s best rising engineers: Matlhodi Keaikitse

by Kibo Ngowi

CONTINUED FROM THE FRONT PAGE

Name: Matlhodi Keaikitse Age: 39 Firm: Ezra’s Contracting Services Qualifications: Bachelor of Civil Engineering from the University of Botswana (UB) Key Projects: • Project Manager on the construction of the University of Botswana Boundary Wall at a cost of P17 million with Ezra’s Contracting Services; • Resident Engineer on the construction of the Molopolole Magistrate Court at a cost of P18 million with CPP Botswana; • Botswana Country Manager responsible for management and monitoring of product specification and sizing for ultra deep borehole dewatering pumps used in the Orapa and Letlhakane mines with Grundfos. When Matlhodi Keaikitse was a Preentry Science Course student at the University of Botswana, he had a choice between pursuing architecture, mechanical engineering or civil engineering, because these were the options for which he could gain government sponsorship. Many who knew him assumed that he would opt for mechanical because, from a young age, he had shown a keen interest in mechanical things such as cars. “What they didn’t realise was that most of the machinery I was interested in actually had to do with Civil Engineering because they were the machines that one would use for construction,” muses Keaikitse.“We all grow up seeing roads and bridges and concrete structures holding things up but I always had an intrinsic interest in finding out how these things are actually designed. I was fascinated by the science of creating the infrastructure that is so vital to the development of countries. From that perspective I found Civil Engineering to be very interesting and that’s why I chose it.”

and a half to complete – the Molopolole Magistrate Court. He was responsible for supervising the construction of a single-storey court building with a basement, reinforced concrete frame, masonry cladding, steel roof trusses and institutional housing. Civil works under his supervision included, domestic water reticulation, sewerage, fire, storm water drainage and an internal road network. In 2005, he left CPP to become the Botswana Country Manager for Grundfos, the largest producer of pumps, by volume, in the world. In this role he was responsible for the management and monitoring of product specification and sizing for ultra deep borehole dewatering pumps used in the Orapa and Letlhakane Mines. Amongst other things, he also provided product training to all local distributors, contractors, engineering consultants, mining engineers and other stakeholders. He was with the company for three years.

Finally, in 2007 Keaikitse took the bold step of establishing his own firm. He

“...I was fascinated by the science of creating the infrastructure that is so vital to the development of countries. From that perspective I found Civil Engineering to be very interesting and that’s why I chose it.” Keaikitse says he has never once regretted that decision and when one considers his impressive career it’s not hard to tell why. He’s currently the Director and 50% shareholder in Ezra’s Contracting Services, an engineering firm he cofounded that currently employs more than a dozen permanent staff and has been responsible for several significant projects, including one for his alma mater, valued at P17 million. However, to understand how Keaikitse managed to come this far, one has to begin at his entry into the engineering industry. As a fresh University graduate, he joined CPP Botswana as a Junior Design Engineer, in 2001. During the course of his five years with the company he was promoted to Design Engineer and then to Resident Engineer; in the latter role he was tasked with overseeing a project valued at P18million which took a year

and his uncle Ezra registered Ezra’s Contracting Services with PPDAB and by the end of that year they had their first project: a road maintenance and cattle chasing tender for the road between Kanye and Jwaneng. However, their most significant project to date came in 2009 when the firm was contracted to build a four and a half kilometre stretch of boundary wall for the University of Botswana at a cost of P17 million on which Keaikitse served as the Project Manager. Ezra’s Contracting Services has also been responsible for maintenance work on Tsabong Community Secondary School, valued at P5 million, and they are currently engaged in maintenance work on Mogorosi Community Junior Secondary School in Serowe, valued at P8 million. The company also owns a road con-

struction plant in Francistown which they frequently hire out to other contractors. Keaikitse explains that the decision to keep the plant in Francistown is strategic: “We’ve deliberately kept it in Francistown, though our offices are in Gaborone, because most of the civil engineering firms have their offices and their plants based around the Capital City. So we decided to keep ours in Francistown for clients in that area and it has helped us because we’ve generally been able to keep our plant busy.” The plant has been hired out for use on several projects, including the Francistown-Tonota road and the Nata-Kazungula road. When questioned on what experiences have moulded him into the capable and successful engineer that he is today, Keaikitse explains that there is no substitute for experience. “I would say that as an engineer, especially in the

construction field, experience is crucial, which is why firms tend to only hire engineers with a high amount of experience for senior project roles. And that’s understandable to me, because as much as you can go to school and read books, there’s no substitute for actually being involved in a project. There’s so much more to learn outside of the books. The books are just an eye-opener to help you understand what there really is to learn and look out for when you’re out there.” Whether by fate or design, Keaikitse believes that the different roles he played during the course of his career were perfectly aligned to facilitate his development as an all-round Civil Engineer: “What has really helped me in my career is that I went through various stages. I started off as a Junior Design Engineer, which means I got to practice the theory behind design. And then I went through the process of being a Supervising engineer which allowed me to gain experience overseeing all the elements involved in the construction process. And now having started my own firm, I’ve also had the experience of engineering on the side of the contractor because the experience of running a project for a profit is another skill to be appreciated. So I think having gone through these various experiences has helped to round me up and to develop a more holistic approach to the profession of engineering.”

SUSTAINABILITY TODAY

Starting blocks with climate change by Phenyo Motlhagodi

I was recently approached by someone who was preparing to attend a leadership summit in China, focusing mainly on Climate Change. The person was eager to find out my thoughts on the most pressing issues of Botswana society. Our conversation got me thinking about why I have spent the last four years dedicating a huge chunk of my content, on radio and on print, to sustainability. It has simply been to create awareness about Climate Change. Media plays a crucial role here but one cannot do it alone and unfortunately we lack the people on the ground that can help make this dream a reality. Before any policy or guiding paper on adaptation and mitigation of Climate Change can be put into practice, the nation desperately needs a Climate Change Awareness Campaign. This should be at the heart of the Ministry of Wildlife, Environment and Tourism, the Ministry of Water, Energy and Recourses and the Department of Metrological Services. There are many other stakeholders such as the Poverty and Environment Initiative and the UNDP who should already be working together to influence national policy. While Botswana’s participation in the annual Climate Change Conference of Parties and its hosting of the Sustainability Conference in Gaborone by his Excellency the President presents a unique opportunity for Climate Change awareness, it is in the best interest of the different Government and international units that I have mentioned to have a long term awareness campaign that is linked to the legacy of all these events through media. I have a simple media man’s approach to the challenge: social mobilisation and stakeholder engagement are central to Government’s thinking around national awareness. I must stress that this needs to be done way before any policy can be put in place. The ideal is for messaging to reach the entire nation with the objective of creating awareness of the causes and effects of Climate Change and to mobilise businesses, households and stakeholders to build Climate Resilience. Where as Climate Change and issues around Sustainability have been thought to be discussions for certain social classes, it ought to have nation wide representation and this is where the challenge is bound to be. Social inequalities will relate directly with the appropriateness of the various messaging. Climate Change impacts are felt disproportionately by the poor, who contribute relatively little to the causes, while behaviour change by the affluent has a significant role to play in impact reduction. It is important to acknowledge the different audiences and assume relevant media channels, use of public art and outdoor advertising to build ownership and establish brand identity. The University of Botswana has on occasion held stakeholder forums around Climate Change and sadly; they seem to come and go with the dates of the annual Climate Change Conference of Parties. In any case, what we lack is the structured involvement of organised business and labour unions, sponsors, MEDIA, NGOs and the rest of civil society in partnership with Government for any communication and mobilisation campaign to be effective. Across the boarder into South African, their strategy has been very precise: creation of Climate Change orientated lesson plans and competitions for schools, water, energy conservation and recycling programmes for residents, as well as advocacy projects linked to urban and sustainable agriculture initiatives for communities. Now it seems we have all these elements in place, just lacking in structure and coordination that directs everyone in the nation. Having built awareness of climate issues and threats, it is important to than convert this into real action to mitigate greenhouse gas emission and to prepare communities for inevitable changes resulting from a changing climate. This is the opposite of preparation for the inevitable without serious awareness and engagement. Communication will be essential in encouraging business commitment to lowering carbon emissions and improving sustainability, as well as directing people towards concrete initiatives in which they can participate in. Climate Change will not be dealt with overnight. Its messaging should be an early start-long term initiative with linkage to future policy and the legacy of all associated projects and programmes across industry.


BOIDUS FOCUS August 2014

Boidus Feature Page 7

Thapong Visual Arts Centre Gets a Facelift by Kibo Ngowi

Several private companies and one government department have sponsored the construction and refurbishment of key structures at the Thapong Visual Arts Centre that will help elevate the venue’s prominence as a location for Gaborone art lovers to congregate. Thapong Visual Arts Centre was established in 1998 and the following year the National Museum gave Thapong a piece of land in the Village neighbourhood of Gaborone as a location to house their facilities. The land was in the National Museum’s possession as it was originally the home of the British High Commissioner to Botswana and is thus considered a national heritage site. The house is now being used as Thapong’s main gallery and last year DTC Botswana sponsored its refurbishment. Around the same time the Ministry of Youth, Sport and Culture sponsored the construction of an additional gallery on the premises which doubles as an administration block, along with a fully paved parking lot; FNBB sponsored the construction of a café while De Beers sponsored the construction of a new fence; Plascon provided the paint for the buildings and Collegium provided the furniture. The construction process began in October last year and was completed in May this year. On the 7th of August the official opening of the studios, the gallery and the café will take place and the Minister of Youth, Sport and Culture Hon. Vincent T. Seretse will be on hand for the occasion.

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Guest Columnist Page 8

BOIDUS FOCUS August 2014

Lifestylenoted: Design an Inspiring Interior You Love to Live In! by Tshepiso Motlogelwa, Interior Designer

Deciding to build a new home is an exciting moment that is usually followed by a period of decision-making, accompanied by a great deal of anxiety regarding whether the choices you make will be cost effective while still achieving your desired effect. It can quickly begin to feel like you’re out of your depth and drowning. Whether you are a first time builder or a veteran, you want to feel confident, in control, and certain about your design and decoration choices. For most us, this will be one of our biggest investments, so it’s important to make sure you will be happy with the finished product.

phistication. Either way, an interior designer can help you avoid common mistakes and ensure the building process enhances your life and produces a result you and your visitors will rave about. I was recently approached by a young couple who were in the process of building their first home. They knew exactly what they wanted but trying to convey their ideas to different suppliers and subcontractors was a major source of sleepless nights and uncertainty as they constantly worried they would not end up with anything satisfactory. The decision to hire a professional interior designer is entirely up to you but it’s a decision that will save you lots of money and many sleepless nights!

A well planned out space is vital in order to get optimal use of the space available.

You might be keen to try designing and styling your home yourself, or perhaps you’d only be satisfied with a professional level of style and so-

Floor finishes, wall finishes, upholstery fabrics and accessories have to be selected with care, as they all play an important role in achieving a well synchronized scheme.

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Proof of Income (payslip) Bank Statements for six months Omang (Citizens) Passports (Non-Citizens) Work and Residence Permit (Non-Citizens) Employment Contract (this contract should be updated as and when the contract is renewed) • Proof of Physical Address (Current utility bill), not older than three months.

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Size (sqm)

Rooms

Land size (sqm)

1

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300 to 375

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700+

LouieVille galowsGabz North No: Model Sizes in Sq mts LouieVille Palace 275 1 2Custom Size Bungalows 300 to 375 2 3 LouieVille Palace 275 sqmts LouieVille Castle 250 3 LouieVille Castle 250 sqmts LouieVille Chateau 225 4 4 LouieVille Chateau 225 sqmts 5 5 LouieVille Mansion 200 sqmts LouieVille Mansion 200 6 LouieVille Manor 175 sq mts 6 LouieVille Manor 175 LouieVille Gabz North 7 LouieVille Crest 150 sq mts Model Sizes in Sq mts Rooms 7 LouieVille Crest 150 Custom8Size Bungalows 300 to 375 4/5 bed gym/maids quarters etc LouieVille Villa 130 sqmts LouieVille Palace LouieVille Castle LouieVille Chateau LouieVille Mansion LouieVille Manor LouieVille Crest LouieVille Villa

8

275 sqmts

5 bed or 4 bed with maids quarters

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4 bed or 3 bed with maids quarters 4 bed or 3 bed with maids quarters 3 bedrooms 3 bedrooms 3 bedrooms

Rooms

Land size sqmts

5 4/5 bedbed or 4gym/maids bed with maids quarters 700 sqmts quarters etc 700+ 5 bed or 4 bed with maids quarters 5 bed or 4 bed with maids quarters 700700 5 bed or 4 bed with maids quarters

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3 bedrooms

500

bed or or 33 bed 44 bed bedwith withmaids maidsquarters quarters 3 bedrooms 3 bedrooms Land size sqmts 3 bedrooms 700+ sqmts 3 bedrooms 700

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BOIDUS FOCUS Classifieds August 2014 | Home Improvement

DIY Projects - How to Plan and Post a Perfect Pergola

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Pergolas can be the perfect backyard oasis, but they’re also fun to build. They’re a perfect blend of big honkin’ timbers, some pretty neat carpentry and a little landscaping thrown in for good measure. The simple combination of posts and open rafters is ideal for highlighting entrances, masking storage areas, providing privacy and especially creating some shade. I built this one as a focal point for an outdoor dining area—and to reclaim an unused patch of the backyard. [Source: popularmechanics.com]

Toro Dingo’s 16-inch auger makes short fastening the posts to the frame, inset the girders with deck 1 Awork 3 After 5 Temporarily of straight, 40-inch-deep holes for stall 2 x 4 angle braces from the frame to screws above the cleats, then install the footings, or whatever depth will reach below frost line in your climate. For drainage, pour and pack 4 inches of gravel into the holes before installing the posts.

the posts. These will keep the posts from twisting or warping before the rafters go up and lock the posts in place for backfilling. You can remove the braces later.

through-bolts in the girders and posts. Allow the girder to rise above the post an inch or so in case you decide to run wire for lights or power.

x 4 rafter stay atop the rafters every 7 A242inches adds the right detail while hold-

ing the rafters in place. Install stays over the girders first, then over the rafters. After two coats of tinted oil-based stain, add a layer of sod, then a table and chairs.

lay out posthole locations, build a 2 x 8 depth varies. It’s best to install the rafter tails on the ground, then 2 Toframe. 4 Posthole 6 Cut Its inside corners mark the four posts. the posts long and trim them to final mark their 18-inch cantilevers against Dig a small trench, level the frame, then remove it to dig the holes. Next, replace the frame, set the posts and fasten them to the sides of the frame so they’ll stay plumb.

height, measuring from the frame upward. Finish the circular-saw cut with a handsaw, then install a cleat 6 inches down (inset) to hold the girders while fastening.

the posts. After wedging one end up top, walk the other end up the ladder. Toescrew the rafters to the girders using a 3-inch deck screw.


BOIDUS FOCUS Classifieds

Products | August 2014


BOIDUS FOCUS Classifieds August 2014 | Products

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BOIDUS FOCUS August 2014

Advertorial Page 13

A new housing complex coming to Gaborone’s Maru-A-Pula area...

A 36,000 sqm campus in the Maru A Pula Area, central Gaborone, providing convenient access to the CBD, Main Mall, schools, Hospitals and other facilities. • The proposed Apartments will be a high class, high cost apartments that will target the upper market. • The development consists of 4 blocks each with 60 apartments on 5 storeys with views into the neighboring Gaborone game reserve. • Basement parking ensures the residents get a unique experience with large landscaped open areas which will house a club house, swimming pool and children’s play area.

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• The apartments will be have high quality finishes including porcelain floor and wall tiles, high class fitted kitchens and wardrobes, plush bath rooms and modern conveniences. • A large convenience store and take away fast food outlet are also provided within the campus to serve the residents.


Boidus Feature Page 14

BOIDUS FOCUS August 2014

A Fresh Approach to Building a Home - Inside House Agolen II by Leago Sebina

lessly realised in the construction phase and clients are assured maximum value from their investment. Last but not least, H+L PROPERTIES deals with land acquisition, sales and leasing of Agolen developments.

CONTINUED FROM THE FRONT PAGE

With the newly established design and build property development company, specialising in the residential market called Agolen, which hopes to bring a breath of fresh air into the local real estate market with innovative ideas in housing. Late last month, the company held an open house show at the site of its latest development in Gaborone North, Gaborone, ‘House Agolen II’, which indeed captivated the imagination of the invited guests. Founded and operated by professional architects, Agolen has the fundamental design principles in its core values that help direct its developments, through its subsidiary businesses; H+L DESIGN, H+L BUILD, and H+L PROPERTIES. Ideas are expressed on paper and then interrogated and refined through a rigorous design process that takes into account a wide variety of factors and imperatives, under H+L DESIGN, which offers architectural design services. These ideas are refined, resolved and brought to life in the next stage of the development through H+L BUILD, which focuses on project management and construction coordination. Since the designers are directly involved in the building process, the refinement and resolution of the design continues into construction. This approach to thedelivery of projects ensures that what has been conceived during design is seam-

The innovation in the design is based on a set of principles that are embodied in every house that is designed and developed. House Agolen II is an example of the residential property products that are synonymous with Agolen. It explores the Adaptive Home Model that has become the cornerstone of every concept of houses that are developed, especially at the low tomiddle end of the market. The premise for such an approach is that design should anticipate the future growth of the inhabitants in many facets, be it by numbers of new family members or financially, by increased household income. As such, when designing a house the strategy begins by recognising the two major parts that make a house, which are: the public spaces such as the living room, the kitchen and the

Phase 1 122.3 sqm

dining room and the private spaces such as the bedrooms. In addition to the above, there are other utility spaces that serve and support the main spaces such as the garage, the servant’s quarters, the toilets, bathrooms and storerooms, all of which are crucial to the functioning of the house. These are, in most cases, grouped within the two major parts. With awareness of these parts, the house can be moulded to expresses them in its form and image. Thus giving rise to a new style of house design, ‘the contemporary style’, not common in the local market. House Agolen II exhibits these characteristics by containing all the bedrooms in a parapet walled ‘box-like’ form on one side and the articulated ‘butterfly’roof on another, which shelters the public side of the house and comprises of the kitchen, dining room space and the living room space,separated by a textured feature wall. The living room extends to outside through the use of

Phase 1 157.5 sqm

aGOLEN ii PHASED DEVELOPMENT

fully glazed aluminium bi-folding sliding doors into the entertainment patio space that connects to the generous garden space, as such blurring the line between inside and outside. The same doors allow the North Easterly prevailing winds to naturally cross-ventilate the interior spaces.

family evolve over time, especially on the private wing. The fragmented parts of the roof allow for ease of extension in the future to allow for the house to begin with one bedroom and grow to include two bedrooms and ultimately three bedrooms, withthe final addition of the master bedroom.

The two parts of the house are connected by a horizontal plane of a roof slab gutter with a low level ceiling soffit that marks the major circulation spine of the house, beginning at the entrance porch and terminating at the master bedroom, where it marks the place for a bed. In addition, the generous roof gutter slab has another function of harvesting every single drop of water that falls on the roof surface and collects it to one point for storage. It is anticipated that up to 70,000 litres of water can be harvested on an average rainfall of 500mm per year.

The use of various building materials with contrasting textures, juxtaposed against each other, such as steel, timber, glass and plastered walls adds to the general ambience of the interior space, as well as the perceived image of the house from outside. The timber sun screens are another tectonic layer to the house and contribute to controlling light and solar gain, hence achieving goodindoor environmental quality.

The house is designed to be added on to and grow in size as the needs of the

Phase 3 177.2 sqm

The next development of House Agolen III is in its advanced design stageand will commence on –site in the next month with completion aimed for December 2014, culminating with an Open House Event.


BOIDUS FOCUS August 2014

Education Feature Page 15

Botho University Builds Francistown Campus

by Kibo Ngowi

Gaborone is currently the only city in Botswana with tertiary institutions boasting facilities that can educate thousands of students but the newly accredited Botho University is building a large campus in Francistown that could prove to be a game changer for migration patterns influenced by tertiary education options.

Faculty of Engineering and the Faculty of Education and Continuing Studies. Not surprisingly, as IT is the institution’s core strength, their computing faculty is the largest in the country. The institution started in Francistown but now has a presence in Gaborone

and Maun as well. Gaborone has long been the only location with a fully fledged campus but Botho have set out to change that by building a state-of-the-art campus in Francistown. In an interview with Boidus Focus, the Dean of BU’s Campus and Student Housing Management Office

Mr. Satish Murthy Appalla explained that Phase I of the construction of the Francistown campus will kick off within the next few months. It will consist of a main building with classrooms, staffrooms, practice rooms, a library, a first aid room, a main reception, and a few other student services. Ad-

ditionally, a large covered courtyard, guard house and sports facilities will be constructed as part of the initial phase which is being built at a cost in excess of P65 million. The entire first phase will be completed 18 months after commencement but those facilities which do get completed earlier and are deemed fit for

occupation may be used before the phase reaches completion. BU currently has over 550 students in Francistown but that number is expected to grow significantly with the new buildings and the entire campus is expected to become fully operational by the third quarter of 2015.

“We already attract students from Zimbabwe and across the Southern African region,” says Appalla. “It is part of our strategic plans to have an international student complement. We trust that with the current development, we will be able to attract more students from Zimbabwe and throughout the region and achieve our strategic goals.”

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Botho University (BU) has come a long way from its humble beginnings as the computer training institute NIIT established in 1997 to the multidisciplinary higher learning institution it is today. Botho was awarded the university status in 2013 and today boasts five faculties, the Faculty of Accounting and Finance, the Faculty of Computing, the Faculty of Business, the


Professional Practice Page 16

BOIDUS FOCUS August 2014

JBCC Contract Instructions by Euan Massey and Natalie Reyneke

Clause 17.1.11: Rectification of Defects [21.2] The next “new” instance where the principal agent may issue contract instructions to the contractor is found in clause 17.1.11 of the sixth edition – rectification of defects [21.2]. Clause 21.2 states that: “Where defects have become apparent during the defects liability period the principal agent may instruct the contractor to progressively attend to such items, whilst at all time minimising inconvenience to the occupants.” This process is not contained in the fifth edition. The principal agent may issue a contract instruction regarding the defects list, and the contractor is required to remedy defects once the principal agent issued its defects list at the end of the defects liability period. The inclusion of clause 21.2 in the sixth edition implies that the principal agent may instruct the contractor to remedy defects before the expiry of the defects liability period.

Further to our previous article discussing the JBCC 2000 sixth edition’s removal of works completion, we will, in this edition of Boidus Focus, be looking at certain contract instructions under the sixth edition, in comparison to contract instructions under the fifth edition. The fifth edition of the JBCC (edition 5.0 July 2007) defined a “contract instruction” as, “A written instruction which may include drawings and other construction information signed and issued by or under authority of the principal agent to the contractor.” The sixth edition defines a “contract instruction” as “A written instruction issued by or under the authority of the principal agent to the contractor, which may include drawings and other construction information.” The only difference really (besides the words being shifted around to change the sentence structure) is that there is a definition of “construction information” in the sixth edition, whereas in previous editions, there was not. There are effectively no legal ramifications attached to the change in the definition of “contract instruction”. A contract instruction is issued by or under the authority of the principal agent in both editions. While the authority of the principal agent with regards to delegation of his duties to issue contract instructions, and the appointment of agents, differs dramatically between the fifth and sixth editions, this is a topic for another discussion. For the purposes of this article, we shall assume that the principal agent and the agents have been appointed validly under the contract and are authorised to issue contract instructions. Contract instructions are dealt with in Clause 17.0 of both editions. Clause 17.0 sets out the instances where the principal agent may issue contract instructions to the contractor. It should be remembered that the requirement for the inclusion of a clause such as this is that building contracts differ from almost any other form of contract in one significant respect: that after the parties have agreed on all of the aspects of the contract, the employer requires a contractual provision to enable him to vary the nature and extent of the performance to be rendered by the contractor. The contractor cannot refuse to carry out such varied obligations, and as such, his remedy is an adjustment to the price and/ or an extension to the time for completion as a

result of such varied performance. (1) Given the numerous instances where contract instructions may be issued by the principal agent in both the fifth and sixth editions, we intend to focus on the new instances where the principal agent may issue a contract instruction which have been introduced in the sixth edition. A discussion with one of the drafters of the sixth edition highlighted that clause 17.0 has been “rearranged” so that the clauses flow logically from one another. What may not be so obvious from the rearrangement of the clause is that they are arranged into 5 bundles. These bundles are described below. However, the arrangement of the clauses has no legal ramifications and is merely seen to be a cosmetic improvement to the fifth edition. Bundle 1: rectification of errors (17.1.1); Bundle 2: matters relating to the site and statutory compliance (17.1.2 – 17.1.4); Bundle 3: matters relating to the works - quality and completion (17.1.5 – 17.1.12); Bundle 4: expenditure of allowances (17.1.13); and Bundle 5: execution of works by others, removal from site etc (17.1.14 – 17.1.20) Clause 17.1.3: The Site [13.1-2] The first “new” instance that has been introduced into the sixth edition is that the principal agent may issue contract instructions to the contractor regarding the site. Clause 13.0 deals with the setting out of the works. In clause 13.2.4 specifically, the contractor is required to suspend the works appropriately where undocumented services, natural features, articles of value or relics are uncovered on site, issue a notice to the principal agent of such uncovering and the principal agent shall issue a contract instruction on how to proceed with the works. This was not contained in the fifth edition and it appears that in this edition, the only remedy to the contractor, should such an uncovering delay the execution of the works, is found under clause 29.3. This clause, however, does not provide for an adjustment of the contract price as a result of such delay. In the sixth edition, with the introduction of the requirement that the principal agent shall issue a contract instruction in this regard, the contractor is entitled to a revision to the date for practical completion, and an adjustment to the contract value in terms of clauses 29.2.3 and 32.5.1. Contractors should be mindful, however, that the provisions of the remainder of clause 32.0 will still be applicable.

Clause 17.1.15: Termination of a nominated n/s subcontract agreement [27.2.8] The next “new” addition to the contract instruction family under the sixth edition is found in clause 17.1.15 – termination of a nominated n/s subcontract agreement. Clause 27.2.8 (cross referenced to clause 17.1.5) refers to the instance (under recovery of expense and/or loss) where the employer may recover expense and loss due to termination of a nominated n/s subcontract agreement, which in turn, cross references to clause 14.7.3. Clause 14.7.3 refers to the instance where the n/s subcontractor is terminated due to default or insolvency of the contractor. Clause 14.7.1, however, obliges the principal agent to instruct the contractor to appoint another nominated subcontractor [14.1.4] to complete the nominated subcontract works. It is not clear whether or not this is a misprint in the clause referencing, as clause 17.1.15 should ideally have cross-referenced clause 14.1.4. Clause 17.1.20: On termination, protection of the works, removal of construction equipment and surplus material and goods [29.0] Clause 37.3.1 of the fifth edition requires the principal agent, upon termination of the agreement by the employer due to loss and damage, to issue a contract instruction specifying protective measures necessary to be executed by the contractor before cessation of work. The contractor is entitled to recover expense and loss as a result of such instruction, under clause 32.5.1. In the sixth edition, clause 17.1.20 provides that the employer may issue contract instructions to the contractor:

“On termination, protection of the works, removal of construction equipment and surplus materials and goods [29.0]” The sixth edition does not have a separate clause dealing with termination by the employer due to loss or damage to the works. This specific scenario is combined into a new “all in one” termination clause (clause 29.0). The applicable subclauses of clause 29.0 now makes the ability to terminate the agreement, due to loss or damage to the work, reciprocal to both the employer and the contractor and neither party shall be liable to the other for expense and loss resulting from the termination. Clause 17.1.20 appears to apply to all instances where termination is the appropriate remedy. There does not appear to be a mechanism whereby the contractor will be entitled to claim expense and loss as a result of any such instruction. The remaining provisions of clause 17.0 (ie. subclauses 17.2 – 17.5), while the sentences may be restructured somewhat, provide for no meaningful changes to clause 17.0, except that the obligation found under clause 17.5 of the fifth edition (the contractor shall cooperate with and assist the principal agent where execution of a contract instruction could cause an adjustment to the contract value) has been moved to clause 26.1, where the principal agent determines the value of adjustments to the contract value “in cooperation with the contractor”. Conclusion We have covered the instances where the principal agent may, in the sixth edition, issue contract instructions to the contractor, which did not appear in the fifth edition. There are other clauses within clause 17.0 that have been modified from the fifth edition to the sixth edition. However, these particular modifications will require another few pages of discussion – which we will get around to writing about soon. Contractors should keep in mind that even though contract instructions are issued by the principal agent, if contractors require a revision to the date for practical completion and an adjustment to the contract value as a result thereof, clause 23.4 of the sixth edition and clause 29.4 of the fifth edition, still require notice to be given by the contractor in terms of such clauses, failing which, the contractor’s right to claim shall lapse. This too, applies to instances where the contractor has incurred expense and loss due to no fault of his own.

(1) The Building Contract: A Commentary on the JBCC Agreements - Eyvind Finsen (1999) Juta at page 109


BOIDUS FOCUS August 2014

Editor’s Note / Comments Page 17

Editor’s Note: Gaborone’s Central Business District (CBD) by H. Killion Mokwete, RIBA Chartered Architect

The combined wealth of companies currently housed at Gaborone’s Central Business District (CBD) is estimated to be well over a billion Pula but a stroll around Botswana’s premier location reveals some truly shocking on-the-ground realities. In an area that houses the headquarters of many of Botswana’s top financial institutions and leading law firms, as well as the Judiciary, intelligence services and SADC, the grounds are littered with garbage and men freely urinate in full view of residents and passersby. Occasionally, shabby looking men emerge out of the untamed bushes with a cloud of smoke hovering above their heads. From the look of things, some of these men, who spend their days loitering in the dark corners of the undergrowth, might be trading in all sorts of illicit goods or even drugs. Broad daylight muggings have occasionally been reported and at night the CBD is considered a no go zone due to its lack of safety.

BOIDUS TEAM

Revellers at the premier Masa Centre, unwilling to pay for the secure underground parking, often have their cars broken into due to a lack of secure street parking. The question then is: How can it be that while earmarked as Gaborone’s new heart of the City, the CBD development remains so uncoordinated, unloved and uncared for? Whose responsibility is it to provide basic amenities and management of the area?

What role should the development owners, Government and City Council play in nurturing the growth of this prime area in Botswana’s Capital? In July 2013, Boidus Media launched a stakeholder seminar which brought together key CBD stakeholders including government officials, development owners, private investors, industry professionals, parastatals and invited experts from Sandton City and the University of Cape Town in South Africa to deliberate on the current state and future prospects of our developing CBD. This year the CBD Executive Seminar will broaden its base by involving some of Botswana’s other important urban centres – Selibe Phikwe, Maun and Francistown. Each of these centres will bring to the seminar presentations aimed at attracting investment partners for their infrastructure and urban projects as well as insight into their CBDs. Botswana’s urban centres are still in their early development stages, compared to the mature CBDs across the world and in the region. It is because of this that we see the need for deliberate steps to be taken to continuously engage all relevant stakeholders in a proactive process of shaping their outlook, rather than leaving the development of these burgeoning centres to chance. After all, the economies of all developed nations are concentrated in their CBDs, from Dubai to New York to London. Botswana should learn from them.

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HOW CHINESE URBANISM IS TRANSFORMING AFRICAN CITIES by Justin Zhuang / Source: metropolismag.com

The Great Wall Apartments, a Chinese style residential compound in Nairobi, Kenya

The factory of the world has a new export: urbanism. More and more Chinese-made buildings, infrastructure, and urban districts are sprouting up across Africa, and this development is changing the face of the continent’s cities. Or so says Dutch research studio Go West Project , who have been tracking this phenomenon for their on-going project about the export of the Chinese urban model to Africa. Since 2012, the group, made up of Shanghai-based architect Daan Roggeveen and Amsterdam-based journalist Michiel Hulshof, have visited six African cities to do research. Roggeveen and Hulshof recently released their preliminary report in an issue of Urban China, a magazine focusing on Chinese urban development. According to the duo, China’s growing economic and political might have made them a significant player in the continent. Not only is it Africa’s single largest trading partner today, China’s practical investment diplomacy—offering buildings, roads, railways, power plants and other infrastructure— has emerged as a powerful alternative to Western development aid that is geared towards reducing poverty instead. This has led to Chinese companies successfully funding and building many new developments in African cities ranging from the headquarters of the African Union in Addis Ababa, Ethiopia, to the Lekki Free Trade Zone in Lagos, Nigeria. While many Africans appreciate this much-needed development, it is not without its problems, says Roggeven. Many of them fail to relate to the local context, such as the Great Wall Apartments, a residential development in Nairobi, Kenya, consisting of residential blocks that look exactly like housing units found across China. Through interviews with inhabitants and journalists from each city, the team also found that the Chinese urban model presents a paradox for its people. “On the one hand, China is able to deliver projects, within budget and on time and propels ur-

ban development forward. On the other hand, Chinese companies are able to undercut all other competitors, including locals,” Roggeven explains. “This means African companies are unable to compete. This leads to loss of local jobs and businesses—not only in construction but also in low level jobs like street sellers and construction workers.” And the impact of Chinese development in Africa is only growing bigger. While Chinese companies used to be involved mainly in construction work, Go West found that they have an increasing say in actual city development today. “More and more the Chinese are moving up the value chain, where they also design and even develop buildings and parts of cities. These interventions are very often not aligned with the local context, but rather planned top down,” says Roggeven. “Constructing a building is one thing, but the one initiating the building and designing it is decisive in how a city develops.” It is not a one-way street for Chinese development in Africa, however. Not only does China face competition from the firms of other countries such as India, Brazil, and Turkey, its influence is also curbed by the political and economic strength of each African country. Roggeveen and Hulshof note that the Chinese have only been able to pull off bigger projects in centrally led countries that are less democratic thus far. But even as the influence of the Chinese in African cities grows, Roggeven is hopeful that such developments will become more sensitive to the needs of the continent. “It seems the Chinese way of operating will change through time to be able to connect more to local political, economical, social and cultural conditions,” he says, “We have an educated guess this will be essential for the Chinese interventions to be able to survive in Africa in the long run.”

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The LFZ, currently beginning construction, was planned in China


Professional Practice Page 18

BOIDUS FOCUS August 2014

Factors to Consider When Establishing Sector Regulation by Reuben Lekorwe*

Engaging Engineering Consultants: A Checklist Guide for Clients by Boidus Admin

»» »» »» »» »»

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* Reuben Lekorwe is Partner at Baoleki Attorneys, a law firm that specialises in commercial, corporate law and regulatory compliance.

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Reasons to regulate The reasons for regulating a sector usually include the following:

Regulatory objectives Of course any regulator must have regulatory objectives in mind as those objectives will act as both the framework and the limits for the delivery of effective regulation by the regulator and any regulatory action must be rooted in the objectives.

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On the other hand, social regulation focuses on issues such as environmental and safety standards, fair treatment of workers and the elimination of discriminatory practices. The list is not exhaustive. The purpose of social regulation is to prevent undesirable behaviour, actions or activities while simultaneously fostering and facilitating desirable behaviour.

requires business to expend significant effort on paperwork and training instead of finding ways of minimising costs, improving quality and developing more competitive products. High costs of regulation may also force companies to reduce their workforce as way reducing costs. Care must therefore be taken by the regulator to ensure that its efforts to control activities and behaviour do not burden the sector with unnecessary costs that will negatively impact the economy.

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stems from market failure. Such market failure may be manifested in the development of monopolies or skewed distribution of income, amongst other things. As a result, the government would be required to intervene with some corrective measures. For instance, abuse of monopolies may be prevented by introducing price controls without necessarily eroding the profits of the entities concerned.

The cost of complying with regulations can significantly impact any sector. Regulatory compliance

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The rationale for economic regulation usually

Effects of regulation Regulation, if it is more than unnecessary, has what are called unintended consequences that may manifest in the form of; • Inhibited business competitiveness • Heightened job losses • Increased costs of doing business • Reduced investment

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Forms of Regulation Regulation may be classified into two main forms – economic and social. Economic regulation is concerned with the regulation of inter alia the following: • price, • profits, • revenue, • output, • market entry or • Service delivery.

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Whichever definition one adopts, what is clear is that regulation involves the monitoring and controlling of a sector, either by the government or any other entity on behalf of the government.

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“A full range of legal instruments by which governing institutions at all levels impose obligations or constraints on private sector behaviour”

• To guarantee minimum standards, e.g. protection of interests of consumers, health and safety at work. In this case, regulatory intervention keeps consumers safe from a wide range of dangers. Consumers can shop with some measure of trust for the safety and quality of the products. • To ensure free competition, e.g. cartel busting in relation to price fixing. • To create standards where none exist. • To protect the environment. • Provision for market entry and control, which may be carried out through the licensing of new entrants and stipulating the quality of goods the entrant may produce.

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Regulation may be defined as the government function of controlling or directing those activities of enterprises, state as well as the private sector. The Organisation for Economic Cooperation and Development has however defined regulation as;

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CIVIL STRUCTURAL ELECTRICAL MECHANICAL ENGINEERING SYSTEMS

Whatever the process of selecting potential engineering consultants, agreeing the scope of services and fee for the appointment will generally require that the client prepares some form of ‘request for proposals’. This may include: • A strategic brief, describing the client’s assumptions, aspirations, budget and programme. • A management structure for the organisation of the project. • Assumptions about the procurement method that will be adopted. • The scope of services required. • Guidance on how fees should be quoted and broken down against stages of the project. • A description of the form of appointment and conditions of engagement (such as step-in rights and the level of professional indemnity insurance required). • Employer’s information requirements (BIM). • Requirements for collateral warranties (for use where a warranty is to be given to a purchaser or tenant of premises in a commercial and/or industrial development, for example the British Property Federation (BPF) model forms CoWa/F CoWa/F and CoWa/P&T). • It should request details of resources and curriculum vitaes of staff along with a summary of their relevant experience on similar projects. • It should request references. • It should seek hourly rates to be applied to any work outside the proposed scope of services. • It should request identification of any sub-consultants the consultant intends to use. • For the appointment of design consultants, it may include a request for design proposals. If so, it is good practice for the client to offer payment for the work involved in preparing designs. This benefits the client as it will encourage the consultants to prepare their proposal more carefully, and will also demonstrate to them that the client is serious about the project and is likely to treat them fairly. Some clients may feel they need for assistance from an independent client adviser to decide on the form of appointment, identify a short-list of potential consultants, prepare the request for proposals, assess submissions and negotiate fees Table 3: Percentage Charges on the Basis of Cost of Project for Engineering Fields in Buildings SERVICE % CHARGE ON COST OF PROJECT CIVIL

0.5% to 1.0%

STRUCTURAL

3.0% to 4.5%

ELECTRICAL

1.5% to 2.0%

MECHANICAL

1.5% to 2.0%

ENGINEERING SYSTEMS

0.5% to 1.0%


BOIDUS FOCUS August 2014

Advertising Page 19

COMPANY PROFILE Scotch Macdonald (Pty) Ltd. Trading as Delta Glass & Aluminium has developed a wealth of experience over the years in Botswana Architectural Glass and Aluminium supply market. Delta Glass & Alu minium is Botswana’s foremost supplier of Suppliers of: an enormous variety of specialised glass PO Box AD 214 ADD Gaborone products and Architectural aluminium Architectural Aluminium & Botswana applications such as Shop front systems, Tel: (+267) 3925395 Glass, Curtain Wallings, Shower Curtain Wall, windows and doors, shower Fax: (+267)3925350 and Patio Doors cubicles, skylight and Louvers and numer ous other products that complement the Fenestration Industry. Plot 53609, Unit 7 Gaborone West Industrial As an active member of the Botswana BuCompany Profile Gaborone, Botswana reau of Standards technical advisory com mittee we at Delta Glass & Aluminium Scotch Macdonald (Pty) Ltd. Trading as Delta Glass & Aluminium has developed a wealth of Tel: (+267) 3925384 / 95 combine the technical expertise of the experience over the years in Botswana Architectural Glass and Aluminium supply market. Delta Fax: (+267) 3925350 most experienced glass and aluminium Glass & Aluminium is Botswana’s foremost supplier of an enormous variety of specialised glass Cell: (+267) 71321032 products and Architectural aluminium applications such as Shop front systems, Curtain Wall, designers and engineers in Southern AfriEmail: grantstacydelta@gmail.com windows and doors, shower cubicles, skylight and Louvers and numerous other products that complement the Fenestration Industry. As an active member of the Botswana Bureau of Standards technical advisory committee we at Delta Glass & Aluminium combine the technical expertise of the most experienced glass and aluminium designers and engineers in Southern Africa to render expert opinion on all aspects of aluminium and glass fenestration, we help determine the best solutions, both technically and economically, with systems and products that have been carefully engineered and thoroughly tested to comply with the most stringent performance specifications. Operating from our 1600 square metre warehouse in Gaborone west industrial, Delta has a most comprehensive distribution network in place to service local and northern businesses with our fleet of purpose built vehicles. Most importantly, Delta boasts a team of highly experienced technical, production and management personnel focused on maintaining the high level of service and quality standards for which we are renowned.

ca to render expert opinion on all aspects of aluminium and glass fenestration, we help determine the best solutions, both technically and economically, with systems and products that have been carefully engineered and thoroughly tested to comply with the most stringent performance specifications. Operating from our 1600 square metre warehouse in Gaborone west industrial, Delta has a most comprehensive distribution network in place to service local and northern businesses with our fleet of purpose built vehicles. Most importantly, Delta boasts a team of highly experienced technical, production and management personnel focused on maintaining the high level of service and quality standards for which we are renowned.

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Advertising Page 20

BOIDUS FOCUS August 2014

BHC AWARDS THE FIRST QUARTELY PRIZES FOR ITS SITTING TENANTS CAMPAIGN

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Captions 1. The Francistown Mayor Mr. James Kgalajwe , picking the winning entry form. 2. Mr Mookodi Seisa(Marketing and Research Manager) giving a vote of thanks . 3. FNBB was amongest some of the banks that graced the event. 4. Mr Thato Makanye (Customer Care Officer) assisting a customer 5. Mr Matenge presenting the crossword puzzle winner, Mr Seretse with his prize. 6. Customers waiting patiently for the Draw . 7. Ms. G. Sebego( Senior Estate Officer) assisting an elderly customer. 8. Mr Matenge (DCEO-Operations) giving the P10,000 winner, Mr Atlarelang Nkwe his prize.

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s the reward of heeding the Botswana housing Corporation (BHC) call of purchasing houses through the Sitting Tenants campaign Atlarelang Nkwe was the first to win the P10 000 from the lucky customers who purchased the houses through the campaign. Nkwe together with Barakanye Ramogale won the P10 000 and P5 000 respectively over the weekend in the first quarter draw that was held in Francistown. The winner of first draw Nkwe who purchased BHC house Gaborone could not hide his excitement after he emerged the winner in the first draw of the campaign. Nkwe encouraged Batswana to invest in property adding that it is the most

important investment in life. “I would like to thank BHC because the sitting tenants’ campaign is encouraging and works as a platform that brings its tenants together to educate them about the importance of home ownership. So as someone who benefited from the campaign I would like to encourage Batswana especially the youth because this can benefit them before they reach pension ages,” advised the delighted Nkwe. BHC Marketing Manager Pinkie Tau highlighted that the corporation came up with the campaign upon observation that most tenants have stayed in BHC houses for many years but failed to purchase them. According to the Marketing Manager what they gather during interaction with clients is lack of knowledge about purchasing a house. She said partnering with local commercial banks in the campaign has benefited them a lot. “. This campaign has helped to encourage tenants a lot

because ever since it started the uptake has been impressive,” Tau pointed out. First National Bank (FNB) Lifestyle Consultant Maatla Morokotso said their partnership with BHC will bring results because the sitting tenants are made aware of the value proposition to be the owners. “It is very useful for us to partner with BHC because as financiers we help those who want to purchase houses. We do not only offer loans to those who qualify, we also help those who might not qualify by offering the necessary assistance in terms of financial education.” emphasized Morokotso. BHC will continue to reward customers who buy during the campaign period. Partner banks also have promotional packages that customers stand to benefit a lot from, therefore sitting tenants are encouraged to buy and enjoy the benefits of the campaign.


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