Govt struggling to kick 'failing' contractor from N$75m project site

A N$75 million school infrastructure project in the Erongo Region has stalled in a protracted court battle, with the education ministry now seeking to forcibly remove the contractor from site after terminating the contract over alleged poor performance.

The project at Tubusis Primary School, meant to improve conditions for hundreds of learners, is incomplete years behind schedule and has become entangled in litigation that officials say is crippling progress.

Education ministry deputy executive director for finance and administration Knox Otto Imbuwa said the contractor refused to vacate the site after termination, forcing government to seek legal intervention through the Attorney General.

“Through the Attorney General, we are currently in court to compel the contractor to vacate the site,” Imbuwa told the Parliamentary Standing Committee on Education, Youth, Civic Relations and Community Development.

“Our expectation is to pursue remedial measures, either through direct procurement or by appointing a capable entity to complete the work,” he added.

The project, awarded in 2021 to Radial Truss Industries (Pty) Ltd through the Central Procurement Board of Namibia, includes four hostel blocks, a kitchen and dining hall, staff housing and related infrastructure for 435 learners.

Despite its scale, progress has lagged. The ministry says construction stood at around 70% completion when work was halted, although the contractor claims it had exceeded 90%.

“This project was supposed to be practically completed on 22 August 2024. We are now in 2026, which is a major concern,” Imbuwa said.

“We have been very lenient with the contractor, but we reached a point where the work had to stop due to poor workmanship.”

The termination has triggered a legal dispute, with the contractor challenging the decision in the High Court.

In court papers, managing director Mekondjo Laamekeni Kweenda argues that the termination is unlawful, claiming the ministry lacked authority to cancel the contract, which falls under the jurisdiction of the procurement board due to its value.

The company further maintains that cost escalations — from N$68.97 million to over N$77 million — were properly addressed and that the project was nearing completion.

Government disputes this, saying critical components remain unfinished, including the kitchen, dining hall and key connections to hostel facilities.

The ongoing legal wrangle has effectively frozen progress, with the contractor still occupying the site.

“We were in court two weeks ago, but a ruling has not yet been made on whether we will succeed in removing the contractor,” Imbuwa said.

He warned that such disputes are increasingly common and are derailing public infrastructure delivery.

“This situation reflects the state of many of our projects. We are trying to manage them, but the risk of litigation continues to hinder progress,” he said.

“When contracts are cancelled, legal challenges often lead to further delays in completion.”

The project had already drawn concern from the Central Procurement Board, whose chairperson Mary Shiimi last year warned the contractor over delays and urged faster delivery.

Instead, the development has become another stalled government project — caught between termination decisions and courtroom battles, while intended beneficiaries continue to wait.

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