WALVIS BAY – The Walvis Bay municipal council has nullified the motion to terminate the services of RedForce. Consequently, RedForce will continue to operate as the town’s debt-collector. The motion was passed unopposed by the council in June after it was tabled by councillor Ephraim Shozi.
However, a statement issued by the Walvis Bay municipality indicates that the motion was withdrawn, allowing RedForce to continue its debt-collecting duties.
As a result, the council’s legal representative, Metcalfe and Beukes law firm, withdrew from the council’s ongoing court cases against RedForce last week.
“Our firm cannot continue to represent a client of your ilk, who refuses to comply with the provisions of the Local Authorities Act, the Public Procurement Act 15 of 2015, its own credit control policy, and water regulations. We hereby terminate all services to the municipality,” Metcalfe stated in a document sent to the council.
The law firm was appointed in June this year to investigate the alleged irregularities of the debt-collecting tender that was awarded to RedForce Debt.
During his interim investigation, Metcalfe revealed that Walvis Bay had allegedly paid about N$17 million to RedForce within the first nine months after the agreement was signed. “On 22 September last year, the day on which the contract came into force, the debt collector additionally received
N$313 000 and over N$1 million on 13 October 2023, without collecting a cent on behalf of the council,” he found.
However, Metcalfe stated yesterday that there is no point in continuing with the investigation if the council has nullified the motion to terminate the RedForce contract.
“They also nullified all proceedings subsequent thereto. Only a lawyer with half a brain cell would now aver that they have a mandate to oppose the relief requested by RedForce,” Metcalfe told New Era.
He said the law firm stands fully behind the findings set out in their preliminary report and the memorandum of 17 July. The findings were never presented to the council.
“If Uushona (acting CEO) had bothered to read the High Court particulars of claim, he would have discerned what the litigation is about. The six councillors who revoked the termination of RedForce obviously realise that if impropriety is established in the appointment of RedForce, then all services of RedForce are terminated,” Metcalfe said.
He maintained that the appointment of RedForce was not done in accordance with the law, and if such luminaries wish to condone contraventions of legislation brought to their attention, then that is an issue they need to explain to the residents of Walvis Bay.
The council, in its statement, said that despite the resolution to nullify the termination motion, the acting CEO, David Uushona, allowed the investigation to continue.
“The acting CEO agreed to allow the municipal IT team to provide Metcalfe with access to all emails related to RedForce. Additionally, in an email response on 11 July, Uushona agreed that 16 staff members be re-interviewed to finalise the investigation. However, this second round of interviews was cancelled by the legal representative, followed by an unexpected notice of withdrawal letter on 17 July”, the municipality said in the statement.
According to the statement, Uushona has also presented the matter to the Anti-Corruption Commission (ACC) and the Central Procurement Unit.
“Thus, the claims by advocate Metcalfe are surprising. However, he is still encouraged to continue the investigation in the interest of all parties and the public,” the statement
reads.
The letter argued that the acting CEO urged the two suspended staff members to offer their full cooperation upon their return, despite the council’s resolution to nullify the termination motion.
“Despite the council resolution to nullify the termination motion, the CEO’s office allowed the investigation to continue, and never instructed the investigation to be halted or terminated,” the municipality stated.