After they were granted a one-month extension by the High Court to continue supplying ground handling services at Hosea Kutako International Airport on Tuesday, Menzies Aviation scored a victory yesterday when they were granted permission by the court to once again petition the Supreme Court.
Yesterday, Judge Eileen Rakow granted leave to Menzies to approach the Supreme Court and appeal her dismissal of an interlocutory application.
“After hearing and considering the arguments, this court is of the opinion that the Supreme Court may come to a different conclusion as to what this court came to, and for that reason, the application for leave to appeal must be successful,” said Rakow.
In that interlocutory application, Menzies sought to interdict the Namibia Airports Company (NAC) from implementing any contract NAC entered into with a joint venture between Paragon and JV Ethiopia Airlines pending the finalisation of the ongoing review application it has filed.
Furthermore, it sought to interdict NAC from terminating the contract they entered into on 30 June 2022 which stipulates they are to continue providing ground handling services at HKIA until further notice. With this new contract, they claim they at least require a 12-month notice for them to vacate HKIA premises.
In the review application, Menzies wants NAC’s decision of 13 December 2021 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 (CPBN) should have handled the bidding process.
This matter is scheduled to be back in court today after it was postponed to allow for the parties to file additional documents.
The parties are also waiting on Judge Shafimana Ueitele to decide whether the three-day eviction notice given to Menzies by NAC was reasonable or not.
Menzies lawyer, Raymond Heathcote said the company is ready to vacate HKIA provided it is given a reasonable notice to vacate.
He said the handing over needs to be in a harmonious manner as it involves the international airport.
He argued on Tuesday that it is impossible for Menzies to hand over to Paragon in such a short period. Menzies employs approximately 135 employees at the HKIA. It goes without saying that it creates a huge security risk to try and explain to employees, in such a short period, that they may not be employed in three days, he said.
According to Heathcote, the current matter does not only involve NAC and Menzies, it also involves regular airlines; Qatar, Airlink, Lufthansa, TAAG, SAA, and Fly Namibia.
He said each of these airlines require reasonable notice if there is going to be a change in the company that provides the ground handling services.
Thus, the court must declare the three-day notice to vacate HKIA given to it by NAC on 9 June 2023 is unreasonable and must be set aside. Such an order shall remain intact until such a time that the joint venture between Paragon and JV Ethiopia Airlines, which was awarded the tender by NAC instead of them, has the capacity to render the ground handling services.
Both the High and Supreme Court have ordered Menzies to vacate HKIA citing their contract came to an end on 30 June 2022.
Ueitele will give a ruling in this matter on 4 August.
– mamakali@nepc.com.na