By Confidente Reporter
SOUTH African lawyer representing Chinese company, Anhui Foreign Economic Construction Group (AFECC) in the controversial N$7 billion Hosea Kutako airport upgrade tender, acknowledged that his clients had not been awarded the tender.
Nazeer Cassim the lawyer representing AFECC while making submissions in the Supreme Court last Friday also said Government should not interfere in the matter because the tender falls under the Namibia Airports Company (NAC).
He said that he does not understand why Government is appealing the matter in the Supreme Court adding that Works PS Willem Goeiemann had no authority to notify his client of the award, only the NAC has powers to do so.
“They (NAC) has never acted on their obligation… Government should now not interfere because they had no power to award the tender. We don’t understand why Government is appealing to set aside the award as there was no award. NAC has the obligation to say something,” Cassim argued.
Sisa Namandje, who represented the President and two ministers motivated his argument on the alleged invalidity of the contract awarded to Anhui. He said the award should have been declared unlawful and set aside.
President Hage Geingob, and the ministers of finance and works are appealing a September 2016 High Court judgment which set aside as invalid, instructions directing the parastatal to stop tender processes for the upgrading of Hosea Kutako International Airport, by the Minister of Works and Transport to the Namibia Airports Company (NAC) in December 2015.
When the Minister of Works gave the instructions to the NAC, he was in turn acting on an instruction from Geingob, who decided in December 2015 that the awarding of the airport upgrading contract, at a cost of US$477 (about N$6,2 billion at the current exchange rate), to Anhui Foreign Economic Construction Group, should be cancelled and a new tender be issued because proper tender procedures had not been followed.
Anhui, which eventually won the tender, challenged the cancellation of the tender in the Windhoek High Court, and succeeded when judge Shafimana Ueitele found in September last year that the minister of works had not acted in accordance with the Airports Company Act, and also did not exercise his own discretion as required by the law, when carrying out the presidential instruction to cancel the multibillion-dollar tender.
Confidente. Lifting the Lid. Copyright © 2015