Legal battle over 250MW power tender postponed to June

11 May 2016 17:20pm
WINDHOEK, 11 MAY (NAMPA) - The hearing of a legal battle between the national power utility NamPower and Arandis Power over the 250 megawatts (mw) tender in which Xaris Power was the preferred bidder, has been postponed to early June this year.
The hearing was on Wednesday morning provisionally set down until 07 June 2016 as per agreement between lawyers representing all parties involved in order to allow the parties to properly give instructions to their senior counsels and sort out other pertinent issues in respect of the case.
Wednesday’s postponement was done shortly after Advocates Raymond Heathcote, Theo Frank and Andrew Corbett as well as a representative of the Office of the Government Attorneys, State Advocate Mathias Kashindi, requested presiding High Court Judge Harold Geier for more time to sort out outstanding issues in connection with the legal preparation of their respective cases.
The parties involved in the matter were further requested by the court to file their affidavits before the Registrar of the Windhoek High Court no later than or on 06 June 2016 before the hearing could kick-off the following day.
The name of the judge who will preside over the hearing of this legal battle will be made public to the lawyers of the parties involved in the case at a later stage.
A report carried by the local English daily 'The Namibian' newspaper had it that NamPower, Xaris Energy, Cabinet and President Hage Geingob are all listed as respondents in the case.
It is reported that Arandis Power (applicant) is claiming that the tender process was irregular and that Xaris Energy was favoured.
Arandis Power now wants the court to scrap both the government and NamPower’s decision, citing lack of integrity in the tender process.
Arandis Power also claims that Xaris Power did not meet the basic requirements for the tender, and should have been disqualified early in the process.
In addition, Arandis Power claims that NamPower ignored its own tender requirements when it granted Xaris Energy the preferred bidder status.
Arandis Power further claims that Xaris Energy did not have an approved Environmental Social Impact Assessment (ESIA) from the environment ministry as required by law.
Xaris Energy is, however, disputing Arandis Power's claims and is asking the High Court to dismiss the case on the grounds that Arandis Energy took too long – over 16 months – to lodge this legal challenge before court.
Xaris Energy is accusing Arandis Power of not having Namibia’s interest at heart but that it is simply a disgruntled and disappointed tenderer.