Mutorwa wants speedy implementation of court judgement

05 Jul 2013 07:50
WINDHOEK, 05 JUL (NAMPA) - The Minister of Agriculture, Water and Forestry on Friday appealed to members of the Tender Board of Namibia for a speedy and full implementation of a recent High Court judgement on the disputed Neckartal Dam tender award.
John Mutorwa made the earnest appeal in a media statement availed to Nampa here on Friday in reaction to the Windhoek High Court order for the Namibian authorities to stop the implementation of the tender awarded in connection with the construction of the multi-billion dollar Neckartal Dam.
The dam is to be constructed in the Fish River, about 40 kilometres west of Keetmanshoop near the settlement of Berseba in the Karas Region.
On Thursday a bench comprising High Court Judge-President Petrus Damaseb and judges Dave Smuts and Shafimana Ueitele ordered Government to stop the implementation of the tender of the Neckartal Dam it awarded to Italian dam construction firm Salini Costruttori S.p.A., and instructed the Tender Board of Namibia to start the tendering process afresh.
?It is the expectation, hope and wish of the Ministry of Agriculture, Water and Forestry, as the implementing ministry of the Neckartal Dam Project, that the judgement and order issued by the Windhoek High Court on Thursday morning will be practically, expeditiously, fairly and urgently carried out by the Tender Board of Namibia in order to ensure that this national project is soon to be implemented as planned and budgeted for by the Government of the Republic of Namibia,? said Mutorwa in the statement.
According to the minister, the construction of the Neckartal Dam project is of great importance to the socio-economic development of Namibia, hence the need for the speedy and full implementation of the High Court judgement by the Tender Board of Namibia in order to help minimise any further delay of the project.
In the matter, one of the unsuccessful bidders - CSC Joint Venture, which is a joint venture between Italian, South African and Kuwaiti dam construction companies - on Thursday morning successfully managed to have the Windhoek High Court order the Government to completely stop the implementation of the tender awarded in connection with the construction of the Neckartal Dam.
According to the judgement, the whole tender process for the construction of the Neckartal Dam will now start from scratch, with the Tender Board of Namibia having been ordered to start the process afresh.
?The application brought by CSC Joint Venture to review the tender award for the construction of the Neckartal Dam is successful. The decision of the Tender Board of Namibia to allocate the tender for the Neckartal Dam construction project to the Italian dam construction firm Salini Costruttori S.p.A is hereby set aside with costs,? said Judge Smuts as he read the judgement out in court on Thursday.
Smuts explained: ?We accordingly make the following order that the decision by the Tender Board of Namibia to award the tender for the construction of the Neckartal Dam project and Phase One of the bulk water supply project under Tender Number F1/18/2-1/2012 to the fourth respondent (Salini) is set aside?.
He said the matter is now referred back to the Tender Board of Namibia for the purpose of determining the awarding of the tender in a manner not inconsistent with this judgement.
?The respondents - being the Namibian Government, the Tender Board of Namibia, the Ministry of Agriculture, Water and Forestry, the Ministry of Finance and Salini - are directed to pay the applicant's legal costs, jointly and severally, the one paying the other to be absolved. These costs are to include those of the instructed legal counsels, and one instructing counsel,? said Smuts.
Meanwhile, another unsuccessful tenderer - a joint venture of French and Egyptian companies called Vinci-Orascom - had withdrawn its legal challenge on the awarding of the Neckartal Dam construction tender against the Namibian Government on 22 May this year before the hearing could start in court.
The members of the Tender Board of Namibia announced on 15 March 2013 that it had decided to award the contract for the dam's construction to Salini Costruttori S.p.A, which had submitted a bid of N.dollars 2,873 billion.
Vinci-Orascom's tender bid was N.dollars 2,876 billion, while the bid of CSC Joint Venture was N.dollars 2,724 billion.
Although a firm of consulting engineers which evaluated the bids of the three shortlisted tenderers recommended that the contract be awarded to Vinci-Orascom, the Tender Board decided to award it to Salini S.p.A instead.
According to the Tender Board, it decided that it could not entrust Vinci-Orascom to build a dam of Neckartal's magnitude because, in its opinion, the joint venture would have inexperienced key personnel working on the project.
The Tender Board also stated that Salini S.p.A has key experienced people in dam construction, as well as the best technical know-how of all the shortlisted tenderers.
The Neckartal Dam will have a wall of 518 metres long and 69.5 metres high, and will create a water reservoir covering an area of about 39 square kilometres.
The dam will provide water for an irrigation scheme, which is to be established on about 5 000 hectares of land downstream from the dam.
Upon completion, the dam will be Namibia's largest dam after the Hardap Dam in the Hardap Region.
(NAMPA)
SKE/ND/AS