Hertta-Maria Amutenja
The Kavango East Regional Council has been dragged to court after it allegedly failed to settle a N$ 905 848.46 invoice for the repairment of sewerage overflowing ponds at Max Makushe Secondary School in Rundu.
Empire Sense Investment (ESI), a construction company, has named the council and the Minister of Works and Transport (John Mutorwa) as the first and second defendants in court documents filed in the Windhoek High Court.
ESI claims the council breached the agreement.
According to ESI, the construction company and council entered into a contract in 2021 for ESI to replace damaged fencing and de-bushing at the school as well as carry out emergency repairs of overflowing sewerage ponds for a total of N$ 2 224 321.78.
“On 26 November 2021 and at Rundu, the Plaintiff (ESI),the first Defendant (council) and the second Defendant (Mutorwa) entered into a partly oral and partly written agreement, in terms of which the plaintiff was required to carry out emergency repairs of overflowing sewerage ponds and to replace damaged fencing and debushing at Max Makushe Senior Secondary School,” read the documents.
In addition, ESI will carry out the execution of the of work which is the repairing of the overflowing ponds and de-bushingat the school from 26 November 2021 to 10 January 2022.
The documents indicate that after the completion of the work on 15 March 2022, after an extension, the company invoiced the council N$ 1 201 128.89.
“The Plaintiff invoiced first defendant under Certificate No 1 on 29 March 2022 in the amount of N$ 1 201 128.89. The 1st Defendant paid this amount on 04 April 2022,” stated the documents.
Additionally, on 13 September 2022, the company invoice the council again in the amount of N$ 905 848.46, however the company claims despite demands the council has refused and or willfully neglected to pay out the invoice.
However, according to the council’s Chief Regional Officer, Ludgela Nangura there was not construction agreement between the two parties and the council only handed over the site.
The council further alluded that the Public Procument Act was not followed.
“There is no Award Letter and Purchase Order signed by the Accounting OfThe matter is before Judge Collins Parker. The construction company is being represented by Bernhard Tjatjara and the council by Jolanda Hinda of the Government Attorneys.
