High Court finds for Tender Board
The Tender Board did not act unfairly when it cancelled the tender for the supply of food to school hostels in eight regions without affording two tenderers an opportunity to be heard.
Windhoek High Court Judge Shafimana Ueitele on Friday said the Tender Board, due to the failure to observe standards of honesty and corruption that marred the tender evaluation process, had to take the decision to cancel.
The tender was for the provision of catering services to government school hostels in eight regions and there were 91 interested parties.
The two applicants in the review application in the High Court, PAMO Trading Enterprises and Circle Hospitality Services were the successful tenderers for the Khomas and Otjozondjupa regions. The chairperson of the Tender Board, the education ministry and the prime minister office, along with 88 tenderers, were cited as respondents in the matter.
Ueitele in his judgment emphasised that the mandate of the board did not expire due to the non-communication of the outcome of the award of the tender to any of the 91 tenderers.
“The Tender Board was not functus officio (board's mandate did not expire) and the reasons advanced by the board for the cancellation of the tender were reasonable,” the judge ruled. However the education permanent secretary, after the Tender Board accepted recommendations from the ministry as to which parties were successful, requested the board to cancel the entire tender. The board acceded to the request and cancelled the tender on 8 October 2014 and set to re-advertise it as soon as possible.
“The reason for the request is due to endless criticism which prompted the leadership of the ministry to request the cancellation. This will be prudent and in the best interest of the ministry, the children and that of the entire nation to request a cancellation and re-advertisement of the tender,” the education permanent secretary wrote.
PAMO Trading Enterprises and Circle Hospitality Services were aggrieved by the decision and approached the court on the grounds that they were not given the opportunity to be heard before the Tender Board decided on the cancellation and also said the mandate of the board had expired.
A further impropriety cited was the involvement of the permanent secretary in the allocation of a tender to the tune of N$47 million to a company in which his wife had an interest without having declared this to the Tender Board. The tender was cancelled on 13 October 2014 and a letter to all the tenderers informing them of the cancellation was sent.
Judge Ueitele dismissed the application with costs.
FRED GOEIEMAN
Windhoek High Court Judge Shafimana Ueitele on Friday said the Tender Board, due to the failure to observe standards of honesty and corruption that marred the tender evaluation process, had to take the decision to cancel.
The tender was for the provision of catering services to government school hostels in eight regions and there were 91 interested parties.
The two applicants in the review application in the High Court, PAMO Trading Enterprises and Circle Hospitality Services were the successful tenderers for the Khomas and Otjozondjupa regions. The chairperson of the Tender Board, the education ministry and the prime minister office, along with 88 tenderers, were cited as respondents in the matter.
Ueitele in his judgment emphasised that the mandate of the board did not expire due to the non-communication of the outcome of the award of the tender to any of the 91 tenderers.
“The Tender Board was not functus officio (board's mandate did not expire) and the reasons advanced by the board for the cancellation of the tender were reasonable,” the judge ruled. However the education permanent secretary, after the Tender Board accepted recommendations from the ministry as to which parties were successful, requested the board to cancel the entire tender. The board acceded to the request and cancelled the tender on 8 October 2014 and set to re-advertise it as soon as possible.
“The reason for the request is due to endless criticism which prompted the leadership of the ministry to request the cancellation. This will be prudent and in the best interest of the ministry, the children and that of the entire nation to request a cancellation and re-advertisement of the tender,” the education permanent secretary wrote.
PAMO Trading Enterprises and Circle Hospitality Services were aggrieved by the decision and approached the court on the grounds that they were not given the opportunity to be heard before the Tender Board decided on the cancellation and also said the mandate of the board had expired.
A further impropriety cited was the involvement of the permanent secretary in the allocation of a tender to the tune of N$47 million to a company in which his wife had an interest without having declared this to the Tender Board. The tender was cancelled on 13 October 2014 and a letter to all the tenderers informing them of the cancellation was sent.
Judge Ueitele dismissed the application with costs.
FRED GOEIEMAN
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