Africa-Press – Namibia. MENZIES Aviation has said that it entered into a new agreement with the Namibian Airport Company (NAC) in 2022, and it must be given a 12-month notice before vacating the premises in terms of the Rent Ordinance.
In a media statement released by Menzies on Friday afternoon, the aviation company mentioned that it is currently operating under a fresh agreement at Hosea Kutako International Airport (HKIA). This agreement was made with the NAC on June 30, 2022, as per their statement.
The root of the conflict lies in a competition for ground handling services at HKIA, a contract that Menzies had held since 2014. In 2022, Paragon Investment was awarded this contract through a bidding process. However, Menzies took legal action by filing a court application, claiming that the contract award had inconsistencies and violated the law.
“On June 30, 2022, and despite the eviction order issued by Justice Sibeya, the NAC publicly announced that Menzies must continue to provide ground handling services at Hosea Kutako International Airport. Thus, after Justice Sibeya’s judgment, Menzies and the NAC (by their own free will) entered into the new agreement,” the statement read.
Considering the NAC’s publication, which, according to Menzies, was essentially construed as a new service agreement, it exceeded the High Court judgment that required Menzies to vacate the premises. This particular agreement came into effect after Paragon had been awarded the ground handling tender and after Paragon had already entered into an agreement to provide ground handling services at HKIA.
“Menzies contends that the tender awarded to Paragon – as well as the alleged contract with Paragon – is legally unenforceable and null, and should be set aside,” said Menzies.
Menzies’ initial application to the High Court was rejected, and Menzies was instructed to vacate the premises. They appealed to the Supreme Court, but this application was also dismissed. During the appeal process, NAC publicly indicated that Menzies would continue to provide services at HKIA. Menzies interpreted this communication as making the High Court judgment unenforceable, as a new contractual obligation between the parties had been established.
Menzies Aviation submitted an additional urgent request to halt the eviction process just hours before they were scheduled to leave the premises at Hosea Kutako International Airport, following the Supreme Court’s directive. In this new submission, they sought a temporary pause in enforcing the court-ordered eviction. However, this application was also denied by the High Court, with a directive that the company must be given ample time to prepare for its departure.
“Crucially, Justice Ueitele did not set aside the eviction order granted by Justice Sibeya or any order made by the Supreme Court. Justice Ueitele simply found that the eviction order granted by Justice Sibeya was surpassed by events when the NAC and Menzies entered into a new and independent agreement after Justice Sibeya’s judgment was issued on June 29, 2022. Menzies is currently occupying HKIA under the terms of the new lease agreement. NAC sends invoices to Menzies monthly, charging rent, and Menzies is up to date with these payments,” said Menzies.
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