Moghul Goes After P45M UB Catering Tender

Staff Writer | Monday June 13, 2016 15:31

Represented by Jones Ndlovu, Moghul wants an order restraining the UB from implementing the award to Boitekanelo and Currypot, the three respondents of Tender Number UBT 2015/2016 – 07 pending the institution and conclusion of an application by the applicant for a review and setting aside of the said award.

Moghul wants UB, Boitekanelo and Curry Potwho respectively to be interdicted and/or restrained from taking any further steps pursuant to the award of the said tender pending the final determination of the counter-application for the review and setting aside thereof.

Moghul also wants UB interdicted and/or restrained from engaging any food catering services’ company or entity other than the applicant to provide food catering services at its Refectory Number 1 situate at Block 121 of UB’s main campus pending the final determination of the said application.

Furthermore, Moghul wants for the court to order that they file, within 14 court days of the making of the order, its application for the review and setting aside of the award by the UB to Boitekanelo and Curry Pot.  The orders abovementioned are to operate as Interim Orders with immediate effect pending the Return Day of the Rule Nisi.

Moitshepi wants UB to pay the costs of the application and if Boitekanelo and Curry Pot oppose the relief herein sought then the opposing respondents are to pay the costs of the application jointly and severally, the one paying the others to be absolved from liability.

In his founding affidavit, Moghul managing director Ahmad Siddiqi argues that Boitekanelo does not meet the tender requirements including that it has not been in business long enough. “The second respondent, whether trading as Boitekanelo Catering Services or otherwise, is a recent entrant in the food catering industry and was virtually unknown in the industry prior to 2015. It therefore does not have the requisite established reputation and experience required by the said tender,” he wrote.

Siddiqi further stated that it is now common cause that Professor Lydia Saleshando is related to Gagoitsewe Saleshando, a director and one of the majority shareholders in the entity said to have been awarded the tender in issue.  The said Gagoitsewe is Professor Saleshando’s stepson.  He said Prof Saleshando not only sat, but in fact chaired at least four tender adjudication committee meetings during which evaluations of the tender in issue were conducted while she should have recused herself.

He also submits that it is critically noteworthy that the said business apparently previously operated by Boitekanelo was wound up before the award in issue was made.

“By its own admission it’s (the second respondent’s) catering endeavours were to be pursued by a Boitekanelo Catering Services (Pty) Ltd, which was not incorporated until March, 2016 and hence the cessation and winding up in November, 2015,” he argued.

Moghul also challenges that they were disqualified from tendering for lack of including prices with VAT arguing that it was unfair and that they had included VAT in their prices.

Justice Nthomiwa of Lobatse High Court will hear the case on June 23, 2016. Tshiamo Rantao represents Boitekanelo while Chibanda Makgalemele and Co represents UB.