Africa-Press – Namibia. Maria David
WINDHOEK High Court Judge Eileen Rakow has ordered the Central Procurement Board of Namibia to reevaluate a company previously disqualified from a Ministry of Education food tender on allegation of conflict of interest.
In October, the tender worth N$380 million was advertised and attracted 22 bids.
Judge Rakow instructed the tender board to re-consider the application of Stream Two Properties CC after it was disqualified from bidding for the provision of protein, sugar, salt and transportation thereof.
Stream Two Properties CC, owned by Omuthiya-based businessman Herman Nekomba, was disqualified at the entry level for the evaluation after it was reasoned that Stream Two Properties had the same surname, physical and postal address in its founding statement as Degrande Investments CC and Degree Power Investments CC, respectively owned by Herman’s brothers Erastus and Jacky Nekomba.
Stream Properties CC instituted a review application challenging the disqualification. It argued that the company as a bidder is a legal entity separate from its shareholder and is not a human with a surname, hence the disqualification was irrational.
Herman Nekomba took the matter to the High Court, citing the review panel as first respondent and the procurement board as second respondent.
He sought an order reviewing and correcting the findings relating to the alleged conflict of interest, declaring that the review panel acted unlawfully.
He also wanted a declaration that the disqualification was unlawful, unfair, unreasonable and inconsistent with article 18 of the Namibian Constitution, as well as have his company fairly evaluated with others from stages 1 to 6 of the evaluation.
Judge Rakow also directed the bid evaluation committee and the CPBN to proceed and consider the applications bid together with others from stages 1 to 6 and make a fresh decision regarding the allocation of the bids there-after.
“The costs of the applications are awarded to the applicant,” said Rakow.
The first and second respondents were represented by Jurie Ludwig and Advocate Gerson Narib respectively.
Nekomba was represented by Sisa Namandje.
Namandje said they are happy that his client has been vindicated, and hope future bidders don’t get disqualified on unreasonable grounds.
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