TransNamib dragged to court
A businessman wants the High Court to order the seizure of diesel pumps that he installed at the Tsumeb, Otjiwarongo and Walvis Bay railway depots in 2016.
Rodney Hanganda of RMH Logistics has brought an urgent court application to force TransNamib Holdings to pay him approximately half a million dollars due for products supplied and work conducted.
According to Hanganda. he instructed his lawyer Gilroy Kasper to demand payment from TransNamib in June already, without any success.
“I have applied for an urgent court interdict to stop and remove the fuelling pump systems I installed in Tsumeb, Otjiwarongo and Walvis Bay in 2016. This could cause serious problems for TransNamib and result in rail operations coming to a complete halt.
“The nevermindedness of officials could ultimately cost the government considerably more in the long run,” he said.
Kasper confirmed he had submitted an urgent High Court application on behalf of Hanganda and said a court date was set for today.
According to Hanganda, his workers visited the site in Walvis Bay yesterday to switch off the pumps and remove the diesel storage tanks installed by his company as part of a N$60 million contract.
“The installed products belong to RMH Logistics until it's fully paid for by TransNamib. They are renting the equipment from me and have not ceased using it despite stopping the work. I have learned in the meantime that TransNamib had already purchased and wanted to install other temporary pumps,” he said.
Hanganda provided written proof that Dawid Tjombe, the TransNamib manager for health and safety, had instructed his company (RMH Logistics) to provide three temporary diesel pumps since it had been found that the existing diesel system was leaking.
In an e-mail dated 1 March, Tjombe wrote that after the temporary refuelling site was assessed TransNamib decided to shift the equipment to the Tsumeb railway station because it catered for more locomotives and had a 23 000-litre diesel tank.
Hanganda said he subsequently moved the equipment to Tsumeb and installed it on Tjombe's instructions.
“Tjombe visited the site in March and we conducted tests on the equipment. Everything was found to be in fine working condition and my equipment started operating until this very day.
“Based on this I was once again instructed to install a second pump in Otjiwarongo by Tjombe on behalf of TransNamib. This pump was inspected on delivery by a certain Samuel Pietersen, a TransNamib employee who received it on behalf of the railway carrier,” he said.
Hanganda says problems suddenly started arising when he submitted an invoice for N$423 999.25 for the two pumps he had delivered to TransNamib in August.
The acting CEO, Ferdinand Ganaseb, refused to pay the money.
“He reasoned that Trans Namib never had any contract with me to supply the pumps despite the appointment letter made out in the name of my business, RMH Logistics, which I received from Tjombe,” Hanganda said.
Ganaseb said he was unaware that Hanganda was taking TransNamib to court for non-payment.
He agreed that the equipment belonged to Hanganda until TransNamib had paid for it.
Tjombe confirmed that diesel spills at the TransNamib locomotive depot in Walvis Bay had resulted in the contamination of underground seawater.
He said a decision was taken a year ago to start rehabilitating the area and Hanganda's company received this tender.
Tjombe explained that the existing TransNamib pumps were old and could no longer be used.
The board then decided that the entire facility should be completely rehabilitated.
After approval was granted Hanganda was instructed to provide and install temporary pumps and do the rehabilitation work also.
“Walvis Bay, Tsumeb and Otjiwarongo were identified as the priority areas due to new locomotives that were purchased and being utilised on these routes. We also wanted to ensure the availability of diesel as well as the continuation and smooth running of existing operations.”
Tjombe said the pump in Walvis Bay was already operational. The pump at Otjiwarongo was supposed to be activated but management resolved to stop the project.
OTIS FINCK
According to Hanganda. he instructed his lawyer Gilroy Kasper to demand payment from TransNamib in June already, without any success.
“I have applied for an urgent court interdict to stop and remove the fuelling pump systems I installed in Tsumeb, Otjiwarongo and Walvis Bay in 2016. This could cause serious problems for TransNamib and result in rail operations coming to a complete halt.
“The nevermindedness of officials could ultimately cost the government considerably more in the long run,” he said.
Kasper confirmed he had submitted an urgent High Court application on behalf of Hanganda and said a court date was set for today.
According to Hanganda, his workers visited the site in Walvis Bay yesterday to switch off the pumps and remove the diesel storage tanks installed by his company as part of a N$60 million contract.
“The installed products belong to RMH Logistics until it's fully paid for by TransNamib. They are renting the equipment from me and have not ceased using it despite stopping the work. I have learned in the meantime that TransNamib had already purchased and wanted to install other temporary pumps,” he said.
Hanganda provided written proof that Dawid Tjombe, the TransNamib manager for health and safety, had instructed his company (RMH Logistics) to provide three temporary diesel pumps since it had been found that the existing diesel system was leaking.
In an e-mail dated 1 March, Tjombe wrote that after the temporary refuelling site was assessed TransNamib decided to shift the equipment to the Tsumeb railway station because it catered for more locomotives and had a 23 000-litre diesel tank.
Hanganda said he subsequently moved the equipment to Tsumeb and installed it on Tjombe's instructions.
“Tjombe visited the site in March and we conducted tests on the equipment. Everything was found to be in fine working condition and my equipment started operating until this very day.
“Based on this I was once again instructed to install a second pump in Otjiwarongo by Tjombe on behalf of TransNamib. This pump was inspected on delivery by a certain Samuel Pietersen, a TransNamib employee who received it on behalf of the railway carrier,” he said.
Hanganda says problems suddenly started arising when he submitted an invoice for N$423 999.25 for the two pumps he had delivered to TransNamib in August.
The acting CEO, Ferdinand Ganaseb, refused to pay the money.
“He reasoned that Trans Namib never had any contract with me to supply the pumps despite the appointment letter made out in the name of my business, RMH Logistics, which I received from Tjombe,” Hanganda said.
Ganaseb said he was unaware that Hanganda was taking TransNamib to court for non-payment.
He agreed that the equipment belonged to Hanganda until TransNamib had paid for it.
Tjombe confirmed that diesel spills at the TransNamib locomotive depot in Walvis Bay had resulted in the contamination of underground seawater.
He said a decision was taken a year ago to start rehabilitating the area and Hanganda's company received this tender.
Tjombe explained that the existing TransNamib pumps were old and could no longer be used.
The board then decided that the entire facility should be completely rehabilitated.
After approval was granted Hanganda was instructed to provide and install temporary pumps and do the rehabilitation work also.
“Walvis Bay, Tsumeb and Otjiwarongo were identified as the priority areas due to new locomotives that were purchased and being utilised on these routes. We also wanted to ensure the availability of diesel as well as the continuation and smooth running of existing operations.”
Tjombe said the pump in Walvis Bay was already operational. The pump at Otjiwarongo was supposed to be activated but management resolved to stop the project.
OTIS FINCK
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