Court halts unlawful printing deal
Namibia Media Holdings (NMH) subsidiary Newsprint Namibia scored a significant victory in the High Court when it succeeded in stopping the New Era Publication Corporation (NEPC) from continuing to print its New Era and Kundana newspapers at Independent Investment (Pty) Ltd, trading as Max Media Printers.
“The New Era Public Corporation must stop procuring printing services for New Era and its Oshiwambo supplement from Independent Investment (Pty) Ltd, trading as Max Media Printers, or any other persons or parties until there is a decision or adjudication in respect of the tender numbered NCR/RFQ/NEPC-02/2018, in accordance with the (Public Procurement) Act,” Judge Collins Parker ordered on Friday.
Ernst Venzke, general manager of Newsprint Namibia, said in sworn statement they were seeking an interim order on an urgent basis.
According to him the restraining order is in accordance with the rule of law and in the public interest.
The judge further indicated that if the NEPC still requires printing services, it must procure such services in accordance with the provisions of the Act and its regulations.
“It is the duty of the court to promote the rule of law and legality, particularly with regard to the acts of administrative bodies and officials. I found that the impugned harm arising from the acts of New Era Publications Corporation are continuing, and therefore the urgent application should succeed,” Parker ruled.
Venzke said in his sworn statement that in October 2017 the NEPC, through New Era newspaper, advertised a tender for the printing of its two newspapers.
Newsprint was awarded the tender during January 2018, as the most responsive and qualified tenderer.
Max Media Printers then approached a review panel, raising various review grounds in terms of the Act.
The panel ruled that procurement proceedings had terminated, effective from 25 January 2018.
“If New Era Publication Corporation wishes to continue with the procurement of the printing services for its New Era and Kundana newspapers, the process must start afresh in accordance with the Act and its regulations,” the review panel ruled.
It added the decision to award the tender to Max Media Printers was also null and void.
“If there were printing services required by New Era Public Corporation such services can only be provided following a public procurement process, in accordance with the Act and its regulations,” Venzke had emphasised in court papers.
He said the request for quotations was cancelled on 23 February, by way of notice and the reason was that the NEPC's procurement requirements had changed from the initial ones.
“The cancellation to say the least was suspicious,” Venzke said.
He added they sought to amicably engage the NEPC, but to no avail.
“There is currently no valid procurement contract existing in terms of which the public corporation could procure printing services from Max Media Printers. The contract, if still being used, is unlawful… and beyond the powers of the provisions of the Public Procurement Act and its regulations, and has in any event expired and the public corporation has no right to extend it from time to time,” Venzke argued.
Lawyer Sisa Namandje appeared for Newsprint, while Tuafeni Muhongo represented Max Media Printers and John Kandara appeared for the NEPC.
FRED GOEIEMAN
“The New Era Public Corporation must stop procuring printing services for New Era and its Oshiwambo supplement from Independent Investment (Pty) Ltd, trading as Max Media Printers, or any other persons or parties until there is a decision or adjudication in respect of the tender numbered NCR/RFQ/NEPC-02/2018, in accordance with the (Public Procurement) Act,” Judge Collins Parker ordered on Friday.
Ernst Venzke, general manager of Newsprint Namibia, said in sworn statement they were seeking an interim order on an urgent basis.
According to him the restraining order is in accordance with the rule of law and in the public interest.
The judge further indicated that if the NEPC still requires printing services, it must procure such services in accordance with the provisions of the Act and its regulations.
“It is the duty of the court to promote the rule of law and legality, particularly with regard to the acts of administrative bodies and officials. I found that the impugned harm arising from the acts of New Era Publications Corporation are continuing, and therefore the urgent application should succeed,” Parker ruled.
Venzke said in his sworn statement that in October 2017 the NEPC, through New Era newspaper, advertised a tender for the printing of its two newspapers.
Newsprint was awarded the tender during January 2018, as the most responsive and qualified tenderer.
Max Media Printers then approached a review panel, raising various review grounds in terms of the Act.
The panel ruled that procurement proceedings had terminated, effective from 25 January 2018.
“If New Era Publication Corporation wishes to continue with the procurement of the printing services for its New Era and Kundana newspapers, the process must start afresh in accordance with the Act and its regulations,” the review panel ruled.
It added the decision to award the tender to Max Media Printers was also null and void.
“If there were printing services required by New Era Public Corporation such services can only be provided following a public procurement process, in accordance with the Act and its regulations,” Venzke had emphasised in court papers.
He said the request for quotations was cancelled on 23 February, by way of notice and the reason was that the NEPC's procurement requirements had changed from the initial ones.
“The cancellation to say the least was suspicious,” Venzke said.
He added they sought to amicably engage the NEPC, but to no avail.
“There is currently no valid procurement contract existing in terms of which the public corporation could procure printing services from Max Media Printers. The contract, if still being used, is unlawful… and beyond the powers of the provisions of the Public Procurement Act and its regulations, and has in any event expired and the public corporation has no right to extend it from time to time,” Venzke argued.
Lawyer Sisa Namandje appeared for Newsprint, while Tuafeni Muhongo represented Max Media Printers and John Kandara appeared for the NEPC.
FRED GOEIEMAN
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