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namib times SERVING THE COASTAL COMMUNITY SINCE 1958 NO 6587 FRIDAY 9 SEPTEMBER 2016 Tel: +264 64 - 205854 / +264 64 - 461866 /Fax: +264 64 - 204813 / 064 - 461824 / Website: www.namibtimes.net
Road tender challenged in court Erwin Leuschner The decision to award the contract for the construction of the multimillion N$ highway between Swakopmund and Walvis Bay to the joint venture Unik/Thohi was “unlawful” and should be reviewed and set aside. This statement was made in the High Court in Windhoek this week after an application was launched by one of the competitors, who tendered for the contract, but did not get it. The application in the High Court was launched by the joint venture Chico/ Octagon. The respondents in the matter are the Roads Authority and a total of 23 other entities, 21 of which are companies which also tendered for the contract. In the heads of argument by Chico/Octagon it states that the company is the “preferred bidder”, having tendered not only the lowest price, but also due to the overall benefit of its tender to its local Namibian JV (joint venture) partner. Chico is a Chinese company having 70% stakes in the JV, while the Namibian partner, Octagon holds a 30% interest. “We highlight this feature because the respondent to whom the tender was unlawfully awarded is also a JV in which Unik (a Chinese company) holds a 90% interest and Thohi (a Namibian company) holds a mere 10% interest,” it states in the arguments. Furthermore, it states that the tender for the construction of the road was issued first on 29 January 2016. 23 tenders were recei-
ved. “On the evaluation based on price the tender by Chico/Octagon ranked first, having offered the lowest price of N$891 million,” it states. The JV Unik/Thohi ranked third, having offered a price of N$958 million. “The price difference was a massive N$67 million, an amount which by all accounts is substantial and bizarrely mischaracterised by the Board Tender Committee as very little difference,” it is argued. For the purpose of awarding the tender the Roads Authority had created a special committee with the intention to evaluate all tenders received. This new Tender Evaluation Committee (TEC) ranked Chico/ Octagon as follows: “The resources at their (Chico/Octagon) disposal will allow them to successfully execute this project within time, budget and the specified quality requirements,” the TEC recommended. The TEC recommended that Chico/ Octagon is the “preferred bidder” and should be awarded the tender, but this did not
transpire. “However, it was decided not to accept the recommendation of the TEC. There is no explanation whatsoever (…) The conclusion is based on an arbitrary factor which is not objectively measurable, and leads to subjective decisionmaking,” it is argued. After various meetings were held to resolve the dispute, which failed to reach an amicable solution, Chico/Octagon informed the RA of an imminent court application. “In the meantime and unbeknown to the applicant the respondents have proceeded with the implementation of the tender. The Roads Authority even certified a payment of N$83 million to Unik/Thohi by the end of August 2016,” it states. Considering the above Chico/Octagon wishes the court to review and set aside the decision to award the tender to Unik/Thohi and to instead award the tender to them. The matter was heard in front of Judge Collins Parker. He is set to make a ruling in this matter on 8 December 2016.
inside New DTA’s Venaani accused criteria of politically exploiting for fishing “fired” fishermen Piquet Jacobs rights
The Confederation of Namibian Fishing Associations expressed disappointment on Wednesday in the approach taken by DTA leader, McHenry Venaani, whom it says is politically exploiting the situation of some 1500 fishermen who lost their jobs in recent months over an illegal strike. Venaani last week in Walvis Bay threatened to mobilise a nationwide unemployment march should these fishermen not be reemployed after they embarked on a long dragged out wildcat strike in solidarity with a trade union turf war in November last year. Mr Matti Amukwa, Chairmen of the confederation, pointed out these fishermen, who lost their jobs, have been replaced in the meantime by new employees. The striking fishermen deserted their positions on the fishing fleet since the strike started in November last year. Amukwa was adamant it would be irresponsible and unfair to retrench these newly employed seamen in order to re-employ those workers who followed the illegal strike. “It is also relevant to note that the irresponsibility of those seamen not only
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McHenry Venaani affected their work, but also threatened the livelihood of thousands of other Namibians employed in the land based factories in Walvis Bay and Lüderitz”, Amukwa said. According to Amukwa, the fishing companies have at all times engaged constructively with the government and all the recognized unions to address the complaints of the aggrieved seamen and to resolve the situation;
despite of the significant damage and losses caused by the unexpected and illegal strike. “We also firmly dismiss the allegations made about foreign nationals. The number of foreigners employed are very limited and substantially decreasing over the years,” Amukwa added. In response to demands made by Continues on page 2
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