Netvend loses bid to halt Rundu’s prepaid meter tender
The Windhoek High Court has struck an urgent application filed by Netvend Metering Solutions' CEO Hans Hamukoto off the roll for lack of urgency.
The application sought to prevent the Rundu Town Council from entering into a contract with Lwayaha Trading for the procurement and installation of prepaid water meters. Hamukoto flagged alleged irregularities and unlawful conduct in the procurement process, claiming that the town council had unlawfully selected Lwayaha as the preferred bidder despite Netvend being deemed compliant.
He also alleged that the council had failed to communicate the notice of award and had instead selected Lwayaha without justification.
No irregularities
“The public should not have to pay a service provider who was awarded [the tender] unlawfully and has no proven experience, where an experienced service provider is available and was purportedly unlawfully disqualified. If this installation is handled by an inexperienced service provider, not only will it impact the residents' access to water, but it will also negatively affect the council's ability to bill and collect money for the provision of water services,” he said.
In its replying affidavit, the town council denied any wrongdoing, stating that the tender was awarded after a fair and transparent process.
The council’s CEO Olavi Nathanael argued that Netvend had failed to demonstrate urgency and that the matter should be struck from the roll.
“[Netvend] does not point out the alleged concessions. There are no irregularities or unlawfulness. The award is not a subject of this application,” he said.
He added that the town council made a decision to award the tender to Lwayaha and has already signed the contract with that company.
Not illegal
In court papers, Lwayaha owner Guo Yunhai said the council’s decision to award his company the bid is not illegal.
“Accordingly, a contract signed on 12 March is still valid. [Netvend] has failed to make a prima facie case for urgency and for the interdictory relief to be granted,” he claimed.
The court ruled that Netvend's application was not urgent and ordered the company to pay the legal costs of both the council and Lwayaha.
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The application sought to prevent the Rundu Town Council from entering into a contract with Lwayaha Trading for the procurement and installation of prepaid water meters. Hamukoto flagged alleged irregularities and unlawful conduct in the procurement process, claiming that the town council had unlawfully selected Lwayaha as the preferred bidder despite Netvend being deemed compliant.
He also alleged that the council had failed to communicate the notice of award and had instead selected Lwayaha without justification.
No irregularities
“The public should not have to pay a service provider who was awarded [the tender] unlawfully and has no proven experience, where an experienced service provider is available and was purportedly unlawfully disqualified. If this installation is handled by an inexperienced service provider, not only will it impact the residents' access to water, but it will also negatively affect the council's ability to bill and collect money for the provision of water services,” he said.
In its replying affidavit, the town council denied any wrongdoing, stating that the tender was awarded after a fair and transparent process.
The council’s CEO Olavi Nathanael argued that Netvend had failed to demonstrate urgency and that the matter should be struck from the roll.
“[Netvend] does not point out the alleged concessions. There are no irregularities or unlawfulness. The award is not a subject of this application,” he said.
He added that the town council made a decision to award the tender to Lwayaha and has already signed the contract with that company.
Not illegal
In court papers, Lwayaha owner Guo Yunhai said the council’s decision to award his company the bid is not illegal.
“Accordingly, a contract signed on 12 March is still valid. [Netvend] has failed to make a prima facie case for urgency and for the interdictory relief to be granted,” he claimed.
The court ruled that Netvend's application was not urgent and ordered the company to pay the legal costs of both the council and Lwayaha.
[email protected]
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