After a protracted battle by Menzies Aviation Namibia to cling onto its tender of supplying ground handling services at Hosea Kutako International Airport (HKIA), the High Court yesterday refused to stop the Namibia Airports Company from sending them packing after nearly a decade of service.
Menzies has been fighting tooth and nail against NAC since the latter decided to award the multi-million-dollar tender to a joint venture between Paragon and JV Ethiopia Airlines on 13 December 2021, instead of to it.
Yesterday, Windhoek High Court Judge Shafimana Ueitele dismissed Menzies’ application for a stay in execution of the orders which were granted by Judge Orben Sibeya on 30 June 2022.
Sibeya had ordered that as a result of the contract between Menzies and NAC which came to an end on 30 June 2022 by a flux of time, it must stop providing ground handling services at HKIA.
He further ordered Menzies to vacate HKIA, and hand over all access cards and other equipment. Menzies wanted these orders placed on hold until such a time that the joint venture between Paragon and JV Ethiopia Airlines has the capacity to render the ground handling services.
Furthermore, they should wait for the outcome of their review application in which they want NAC’s decision to award the multi-million-dollar contract to the joint venture reviewed and set aside.
In this application, Menzies claims that NAC awarded the tender to a joint venture that did not meet bidding requirements, violating the law by awarding a tender exceeding N$25 million.
They say this is against the stipulated threshold, suggesting the Central Procurement Board of Namibia should have handled the bidding process. This review application is yet to be determined by the High Court.
Having provided ground handling services since 2014, Menzies’ contract has been extended by NAC twice. It was lastly extended on 30 June 2022 until further
notice. But, after the extension, NAC on 9 June gave Menzies a notice to cease rendering ground handling services and vacate HKIA by 13 June on a four days’ notice.
Ueitele, however, ruled that the four-day notice given was unreasonable
“The airports company is obliged to give Menzies a reasonable notice for the latter to cease rendering the ground handling services and vacate HKIA,” said the judge at the time. He said once a reasonable notice has been given, Menzies will have no right to remain at HKIA and render handling services. Ueitele said a 30-day notice will suffice.
For the suit, lawyer Raymond Heathcote was representing Menzies, while Vincent Maleka stood for NAC. Sisa Namandje represented joint venture partners Paragon and JV Ethiopia Airlines.
– mamakali@nepc.com.na