Renthia Kaimbi
The High Court has dismissed an urgent application by China Jiangxi International (Namibia) (Pty) Ltd JV Homefin Properties CC seeking to stop the implementation of an emergency contract awarded for the construction of veterinary cordon fences along Namibia’s border with South Africa.
The court found that although Homefin had established a prima facie right to challenge the cancellation of the original competitive bidding process, the balance of convenience did not favour granting the interdict.
Justice Boas Usiku noted that the successful bidder under the emergency procurement process had already begun mobilisation and work, while there was an escalating threat of Foot-and-Mouth Disease spreading into Namibia.
However, the court criticised the Central Procurement Board of Namibia (CPBN), saying its stated reason for cancelling the original bidding process, that it “does not create or achieve the expected outcome,” was effectively no reason at all.
The judge said public entities are required to act lawfully and transparently and provide clear and correct reasons when cancelling procurement processes.
The application was dismissed, with each party ordered to bear its own legal costs.
Photo: Contributed
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