Supreme Court sets aside power tender awarded to Xaris

18 Mar 2018 12:20pm
WINDHOEK, 18 MAR (NAMPA) - The Supreme Court on Friday set aside a decision taken by the Namibian Government and NamPower to award a 250 megawatts power tender to Xaris Energy during March 2015.
The ruling follows a successful appeal application by Arandis Power in which it asked the court to review the awarding of the tender by the Namibian Government and NamPower for the construction of a multi-million dollar power plant in the Walvis Bay area in the Erongo Region.
Court documents availed to Nampa on Sunday show the tender awarded to Xaris Energy was set aside by Supreme Judges of Appeal Sylvester Mainga, Dave Smuts and Elton Hoff on Friday.
“The appeal application by Arandis Power against a decision taken by the Namibian Government and NamPower to award the power tender to Xaris Energy succeeds. The decision of the Namibian Government and NamPower taken on 30 March 2015 to award Tender No NPWR/2014/27 to Xaris Energy is reviewed and set aside,” reads the ruling.
In addition and as per Supreme Court ruling, NamPower and Xaris Energy were ordered to pay the Arandis Power legal team’s fees in respect of its successful appeal.
Furthermore, a decision taken by the Windhoek High Court on 07 July 2016, when it dismissed the first appeal bid by Arandis Power against the awarding of the power tender to Xaris Energy, was also reviewed and set aside by the Supreme Court on Friday.
The respondents in the matter were President Hage Geingob, his Cabinet, former Minister of Mines and Energy Obeth Kandjoze, NamPower, Xaris Energy and Sinohydro Corporation Limited.
In the successful appeal case, Arandis Power said the tender process was irregular and that Xaris Energy was favoured by the Namibian Government and NamPower.
Natasha Bassingthwaighte represented Arandis Power, while Raymond Heathcote appeared for respondent, Xaris Energy.
Advocates Theo Frank and Andrew Corbett defended the other five respondents.
(NAMPA)
SKE/HP/ND