High Court Orders Suspension of Tender

Catherine Sasman

13 June 2011

The High Court on Friday suspended the agreement for the provision of e-fuel to the Government vehicle fleet between the Tender Board and DPF Energy and Minerals (Pty) Ltd.

In the ruling, the chairperson of the Tender Board, the Ministry of Works and Transport and its Permanent Secretary George Simataa, and DPF Energy and Minerals, have been stopped from taking any further steps to implement the tender award.

Acting Judge Esi Schimming-Chase ordered that the interdict is pending the finalisation of the main review application instituted by Namibia Automation Systems whose tender application was unsuccessful, and the counter-application to be made by the applicant in the main review application, AFS Group Namibia.

AFS Group was directed to file its counter-application in the main review application within 10 days.

The AFS Group, in which Brian Black is a director, lodged an urgent application with the High Court for an interim relief and sought for a suspension of the implementation of the tender agreement between the Ministry of Works and DPF Energy and Minerals, charging irregularities and political interference in the award.

These allegations were roundly denied by DPF Energy and Minerals, who said the company has rightfully been awarded the tender without bias.

DPF Energy and Minerals also said that it had spent in excess of N$6 million on home-based site surveys and an environmental impact assessment, and purchase of equipment for fitness purposes at all filling stations and on designated vehicles.

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