N$123m border fence tender lands in court

The N$123 million veterinary cordon fence tender has landed in the High Court after the Chinese-linked joint venture that was ranked first in the original bidding process challenged the Central Procurement Board of Namibia’s (CPBN) decision to cancel the tender and award it to a rival bidder.

China Jiangxi International (Namibia) (Pty) Ltd, in a joint venture with Homefin Properties CC, has launched an urgent application seeking to stop implementation of the new award and have the procurement decisions reconsidered.

The matter is set down for hearing on 17 September 2026.

Namibian Sun reported last month that the joint venture had emerged as the preferred bidder after its evaluated price was reduced through a margin of preference.

In court papers, the company accuses CPBN of failing to properly consider its representations before cancelling the tender and moving to an emergency procurement process without lawful justification.

“The circumstances surrounding the cancellation, and subsequent award were highly irregular, something peculiar - at worst symptomatic of corruption and at best malfeasance - happened,” the company alleges.

“First, the CPBN, in fact cancelled the bidding process before it requested for representations from the bidders as to why it should not cancel the bidding process.

“Second, the CPBN’s invitation to CJIN JV Homefin (and other bidders, if any) to make representations before it decided to cancel the bidding process was a sham.”

The dispute stems from a tender issued by the Ministry of Agriculture, Water and Land Reform for the construction of veterinary cordon fences along Namibia’s border with South Africa.

The project covers 155 kilometres along the Orange River and another 30 kilometres between the Klein Menasse and Mata Mata border posts in the //Kharas Region.

The tender attracted 23 bids, of which 11 were considered responsive and proceeded to financial evaluation.

The joint venture alleges that CPBN failed to properly consider the arguments it submitted against cancellation, or, alternatively, that the board’s consideration of those representations was irrational.

“The CPBN did not at all apply its mind to CJIN JV Homefin representations (or that of other bidders, if any), and in the remote event that it did, that application of the mind was irrational and completely ignored the attendant relevant factors as articulated by CJIN JV Homefin in its representations,” the papers state.

The company further alleges that CPBN failed to comply with the objectives of the Public Procurement Act.

“CPBN flagrantly flouted and circumvented fair procedure to obtain an unlawful outcome,” it claims.

The joint venture is asking the court to declare it the winner and prevent implementation of the new award while the legal process is under way.

It also wants an interdict preventing Punchu Trading CC in a joint venture with China State Construction Engineering Southern Africa, concluding the contract or implementing the fencing project.

The company is further seeking an order for CPBN’s cancellation decision and subsequent emergency award to be reconsidered and ultimately reviewed and set aside.

“We are seeking to vindicate our constitutional right to fair, lawful and administrative action as contemplated in terms of Article 18 of the Namibian Constitution and its rights to fair procurement processes,” the company says.

Ranked first

A CPBN Bid Evaluation Committee report dated 18 August, seen by Namibian Sun, ranked China Jiangxi International (Namibia) in a joint venture with Homefin Properties first among the financially responsive bidders.

The joint venture’s actual bid price was N$126.4 million, including value-added tax, but its evaluated price was reduced to about N$120 million after a margin of preference was applied.

Punchu ranked second with an evaluated price of N$122 million.

Landmark Projects (Pty) Ltd JV Transact Investments CC ranked third, with its amended offer of N$131 million evaluated at N$125 million.

The evaluation report stated that the contract would be awarded to the lowest evaluated substantially responsive bidder.

The Chinese-linked joint venture now argues that CPBN had no basis to abandon the competitive process and resort to emergency procurement.

“The award is mind-boggling, irrational, unjustifiable and unfair,” the court papers state.

One day, two decisions

On 7 September 2026, CPBN chairperson Mary Shiimi signed two letters concerning the tender.

One notified bidders that the procurement process had been cancelled, while the other notified Punchu that it had been awarded the contract through an emergency procurement process.

In the cancellation letter, Shiimi said the bidding process had not created or achieved the expected outcome.

“The CPBN hereby notifies you that the above-captioned bid has been cancelled in terms of section 54(1)(g) of the Public Procurement Act, as amended,” she wrote.

Shiimi said the cancellation took effect on 3 September following a process of inviting representations from aggrieved bidders.

The notice does not disclose how many objections were received, which bidders submitted them or the grounds raised.

In the award letter, Shiimi said the board had resolved on 4 September to award the tender through an emergency procurement procedure and asked the successful bidder to accept the offer within seven days.

The project forms part of government’s efforts to strengthen veterinary controls in the //Kharas Region and protect Namibia’s foot-and-mouth disease-free status and beef-export industry.

Agriculture minister Inge Zaamwani previously said the measures were intended to establish stronger buffer zones.

“These and previously implemented control measures have enabled the country to maintain its FMD-free zone status,” Zaamwani said.