Africa-Press – Namibia. THE judgement in a case in which the Namibia Tourism Board (NTB) is suing African music awards promoter Ernest Adjovi’s company Mundial Telecom SARL for N$23 million, following a botched plan to stage the 2016 All Africa Kora Music Awards in Namibia, is due to be delivered in the Windhoek High Court in December.
The hearing of the case was concluded before judge Herman Oosthuizen yesterday, when the judge heard closing arguments in the matter from the tourism board’s legal counsel Thabang Phatela and fellow lawyer James Diedericks, representing Mundial Telecom.
Oosthuizen said at the end of the hearing he would hand down his judgement on 9 December, but if his decision is ready earlier it would be delivered before then.
Before reserving his judgement, Oosthuizen commented that he found it disturbing that there appeared to have been a lack of seriousness in the handling of public funds when money was paid to Mundial Telecom without the company having been required to provide any security first.
The NTB is suing Adjovi’s company for US$1,5 million in connection with payments then totalling N$23,5 million which the NTB made to Mundial Telecom in December 2015, January 2016 and February 2016, before the company was due to stage the All Africa Kora Music Awards in Namibia in March 2016.
In terms of an agreement concluded between the NTB and Mundial Telecom on 4 December 2015, the company undertook to promote Namibia as a tourism destination through television clips which were to be shown in African countries participating in the Kora Music Awards.
The agreement also had a clause stating that Mundial Telecom was to repay the US$1,5 million it was to receive from the NTB for the Namibian tourism promotional campaign within 60 days if the awards ceremony did not take place in Namibia.
The NTB is claiming that after the awards show was not staged as touted by Adjovi and Mundial Telecom, the company failed to repay the money and used the funds it had received from the NTB for purposes other than those intended and agreed to by the company and the tourism board.
Phatela remarked during his address to the court that the case “concerns one of the most far-reaching abuses of a Namibian public entity by a foreign company in its quest to gain access to public funds”.
He noted that, since Adjovi did not testify during the hearing of the case and no other witnesses gave evidence on behalf of his company, the only version before the court is that of the NTB, whose chief executive officer, Digu //Naobeb, testified.
Phatela argued that, according to //Naobeb’s testimony, Adjovi at all times gave assurances that the awards ceremony was going to take place. There were no lawful grounds for Mundial Telecom to cancel its agreement with the NTB, and the company must refund the money it received from the tourism parastatal, Phatela argued.
Diedericks argued that Mundial Telecom’s obligation to stage the Kora Music Awards in Namibia in March 2016 was owed to the government, and not to the NTB. Without any obligation to the NTB, there could not be a breach of an obligation by the company either, he added.
Diedericks argued further that in fact the NTB breached its agreement with Mundial Telecom, since it did not pay US$1,5 million for a tourism promotional package to the company by 10 December 2015 as agreed, but made the payments after that deadline.
With the payment deadline not met, Mundial Telecom was relieved of the obligation to host the awards event in Namibia, he said. The NTB “is 100% responsible for where it is”, Diedericks remarked.
