Sostenus Wilherm
The Government of Namibia has agreed to settle a long-running payment dispute with consulting engineer Farhad Nadimi, trading as Bona Consulting Engineers, over unpaid professional fees related to the construction of the Katima Magistrate’s Court.
The settlement agreement, filed in the High Court of Namibia on Tuesday, will see the government pay Nadimi a revised amount of N$767,457.92, inclusive of VAT, together with interest calculated at 20 percent per annum from 28 February 2022 until the date of final payment.
The settlement ended a legal battle in which Nadimi initially claimed N$900,776.15 from the government, alleging that he had completed professional engineering services for the project but was not paid despite repeated attempts to recover the outstanding amount.
The matter involved the minister of works and transport, the minister of justice, the executive directors from both ministries, and the government.
According to the settlement agreement, the parties reached an amicable resolution following negotiations held on 7 May 2026, agreeing that the matter would be settled fully and finally without proceeding further with litigation.
The agreement further states that any additional substantiated amounts found to be owing will also be paid, although such amounts will not attract interest.
Nadimi’s claim originated from a consultancy agreement concluded in September 2011 for the construction of the Katima Magistrate’s Court.
Bona Consulting Engineers was appointed to provide specialised engineering services, including designing and supervising electrical installations, data communication systems, security access control systems, courtroom recording facilities, witness protection communication systems, plumbing works, air-conditioning systems, fire detection systems and standby generator installations.
The engineer argued that he fulfilled his contractual obligations and delivered the required services for the project.
However, he alleged that the government failed to compensate him for the work completed, despite invoices being submitted on several occasions.
Court documents indicate that invoices were submitted on 30 August 2020, 28 February 2022 and 20 May 2022, but payment was allegedly still not made.
Nadimi claimed that the outstanding amount was calculated according to the value of professional services rendered in terms of the Engineering Profession Act, its regulations, and applicable government tariffs.
He further stated that the work performed was acknowledged by government officials, with one official, Mr Ileka, reportedly confirming during a site visit that the work had been completed.
Although a certificate of practical completion was not issued because approximately 95 percent of the work under the agreement had been completed, Nadimi maintained that he only claimed payment for services already provided.
The engineer initially sought an order compelling the government to pay the full outstanding amount of N$900,776.15, together with interest and legal costs.
In his alternative claim, Nadimi argued that the government had been unjustly enriched because it benefited from the engineering services provided while failing to make payment.
The settlement agreement now ends the dispute, with both parties agreeing that it represents a full and final settlement of all claims related to the matter.
The agreement was signed in Windhoek on 12 May 2026 and later endorsed by senior officials from the Ministry of Works and Transport and the Ministry of Justice before being filed with the High Court.
The settlement will now be made an order of court, resulting in the removal of the matter from the court roll.
The resolution comes after more than a decade since the original consultancy agreement was signed, highlighting the lengthy disputes that can arise over payments linked to government construction projects.
