Menzies fails in urgent application

Menzies Aviation Namibia has failed in its most recent attempt to return to the Hosea Kutako International Airport to resume ground-handling services.

The Windhoek High Court dismissed Menzies' urgent application on Friday, which was brought after Paragon Aviation Services took over services.

Menzies' urgent application was based on the issue of spoliation, which prevents taking away someone's right to a property unlawfully. Menzies argued that it was in peaceful and undisturbed possession of the property before Paragon, the Namibian Airports Company (NAC) and the deputy sheriff of the Namibian Police denied it access to the property.

However, Judge Hannelie Prinsloo ruled that Paragon, the NAC and the police acted lawfully.

Background

Menzies was appointed in January 2014 to provide ground-handling services at the airport and its contract expired on 30 June 2022. The NAC awarded the tender to Paragon in December 2021 and although Menzies lodged an appeal against the award, a review panel dismissed the appeal.

Menzies then submitted a review application to the High Court to review and set aside the tender process. This application is still before Judge Eileen Rakow and is scheduled to resume on 1 December.

Paragon was due to take over services on 1 July 2022, but Menzies countered. The NAC consequently brought an urgent application before Judge Orben Sibeya for an order that Menzies must cease operations and evacuate the airport. NAC's application was successful, but Menzies appealed that ruling in the High Court.

Pending the appeal, the NAC informed its stakeholders via a notice that Menzies would continue to provide the services until further notice. However, the appeal failed and the NAC gave Menzies four days to leave the airport.