Niël Terblanché
The High Court of Namibia has finalised the matter between Taliindje Investment CC’s and 92 respondents with regard to the tender to supply N$141 million worth of clinical gloves to the Ministry of Health and Social Services.
The court condoned the closed corporation’s application for non-compliance with the forms and services as provided by the rules of the court and at the same time ordered that the Central Procurement Board (CPB) fully comply with an order to review the closed corporation’s removal as a supplier of clinical products.
Taliindje Investments is owned by Helena Figura. She is listed as the only employee of the closed corporation and the business was shrouded in controversy when it won the clinical supply tender earlier this year.
A public outcry caused the CPB to cancel the tender and the matter landed in the High Court.
Figura also requested the High Court for an interdict against the CPB and the Ministry of Health and Social Services to receive and evaluate bids submitted for the supply and delivery of clinical products or to select and award the tender to new bidders.
The second part of Figura’s application was not granted and the High Court ordered the board of directors of the CPB to fully comply with an earlier order, dated 27 March 2023, to decide on the options for implementing the order of the Review Panel.
The CPB was further ordered to communicate its board’s decision to all the affected bidders regarding the option chosen by the first respondent by no later than today.
The CPB was further ordered to invite all the affected bidders to make representations on the first respondent’s decision referred to in paragraph by 4 August 2023.
“Should the decision be to finalise the pending reconsideration applications, the first respondent shall provide all bidders with copies of the reconsideration applications,” the part of the court’s order reads.
The CPB must also consider the representations from all interested bidders, formulate a preliminary decision and tentative preliminary reasons therefore and communicate that to the interested affected bidders.
To that end, the CPB should invite interested bidders to make further representations regarding the proposed preliminary decision and/or the preliminary tentative reasons by 11 August 2023.
The board of the CPB should make a final decision and communicate it to the interested parties (including the bidders) by 25 August 2023. The final decision should also be accompanied by the reasons for that decision.
The High Court also ordered the CPB to pay 50% percent of the applicant’s taxed costs until the preparation and filing of the applicant’s replying affidavit, such costs should include the costs as occasioned by the employment of one instructing and one instructed counsel.
The matter was finalized and removed from the High Court’s roll.
