Windhoek High Court judge Eileen Rakow yesterday set the date for her ruling on an application for leave to appeal her judgment against interdicting Namibia Airports Company (NAC) from implementing the award for ground handling services at Hosea Kutako Airport to Paragon Investment Holdings and Ethiopia Airlines Joint Venture as of 5 July.
Judge Rakow dismissed an application by Menzies on 23 May to interdict NAC from implementing the ‘purported’ award, or any contract entered into between NAC and Paragon in respect of the tender pending final determination of its review application.
In the review application, the applicants are asking the High Court to terminate the agreement between Menzies and NAC which states that Menzies will continue to provide ground handling services until further notice unless NAC gives them 12 months-notice.
Alternatively, they are asking the court to set aside the decision to appoint them on 30 June 2022 to provide ground handling services until further notice. They also ask for costs of the application.
Judge Rakow dismissed the application for an interdict and Menzies lodged an application for leave to appeal that decision in the Supreme Court. It is this application which will be ruled upon next week.
Sisa Namandje, who is representing Paragon, opposes the application and argued that two judges – Rakow and Orben Sibeya – already ruled that Menzies opted to lodge a review application of the award to Paragon without seeking an interdict to stop any person from acting in terms of the impugned bid. He said that Menzies made the decision out of own choice and must live with it.
In the absence of an interim interdict, nothing can stop NAC from effecting the award of the bid until the review application is heard and finalised. Namandje further said that Menzies made their bed by not bringing an application to stay the award already during December 2021 when it became aware that it was unsuccessful with its bid and must now lie in it.
“Having failed to protect its rights then, it deserves no protection from the courts at this stage,” Namandje stated. According to the lawyer, Menzies has no reasonable prospects on appeal and asked that the application be dismissed with costs.
Menzies has another application before High Court judge Shafimana Ueitele to state the implementation of the orders by Judge Sibeya that they must vacate the airport and hand over operations to Paragon. That matter will be heard on 4 July.
-rrouth@nepc.com.na