QUESTION ONE (In Botswana)

a) Patel is a purchasing officer at the Ministry of Cyber Security. In December 2019, he signed a purchase agreement for the supply and installation of a spyware system and its accessories from Global Solutions (Pty) Ltd. Following the installation and delivery of the accessories, inspection revealed that the system and its accessories were not according to the specifications that the Ministry issued in its tender. Nel, who was entrusted with the inspection of the items, also learnt that Patel signed the purchase agreement having received a bribe of BWP 100,000.00 from the CEO of Global Solutions (Pty) Ltd which was paid to the bank account of his close friend, Paul, for money laundering purposes. In return, it had been agreed that Paul would equally share the money with Patel. Paul, however, refused to share the money with Patel.

Advise Patel whether he can recover the money. (15 Marks)

b) Totolo, who also knew about the bribe, approached Patel and said, I am the most powerful person in the world now; I can send you to jail or keep you safe. If you buy my car, you are safe. If you dont, it is another story. Patel agreed to buy Totolos car and immediately paid half of the price (BWP 20,000.00). However, after two weeks, Patel called Totolo to inform him that he has to return the money (BWP 20,000.00) he received as part payment for the price of the car. Advise whether Patel can invalidate the contract. (10 Marks)