Walvis Bay pothole repairs to proceed after court ruling

Road repair work under a disputed Walvis Bay pothole tender can continue after the High Court dismissed an urgent bid to stop the municipality from implementing the contract.

Vultune Investments CC had sought to interdict the municipal council from proceeding with the tender awarded to DJJ Investment CC JV Ehangano Building Construction pending a review of the procurement process.

According to a court order issued on 9 June, justice Gladice Pickering condoned Vultune’s non-compliance with the rules relating to forms and service and heard the matter as urgent. However, the interdict aimed at stopping implementation of the tender was dismissed with costs.

The broader tender review challenge remains before court.

The dispute concerns a bid for pothole repairs and ancillary works within the Walvis Bay municipal area.

The case centres on Vultune’s disqualification from the tender process over a mandatory requirement that bidders show access to cash or credit facilities of at least N$200 000. Vultune maintains it was wrongly disqualified and that its bid was lower than that of the successful bidder.

The municipality’s position is that Vultune failed to meet the required compliance standard. A source familiar with the municipality’s handling of the tender claimed the tender is based on unit rates, meaning the final value depends on the type and volume of work carried out.

The tender comes against the backdrop of complaints over the condition of roads in Walvis Bay, particularly routes used by heavy vehicles moving to and from the harbour, industrial areas and fishing factories.

The review challenge will now continue separately from the dismissed urgent application.