Court cancels classroom tenders
Mpho Mokwape | Thursday April 18, 2019 13:28
This could include being taught under trees following a decision of the High Court to stop the building of additional classrooms.
Lobatse High Court this week issued a final interim order interdicting the re-awarding of tenders for building of classrooms for schools.
Judge Ranier Busang ordered the district council not to re-advertise or re-award the tenders following a dispute that erupted between them and five construction companies.
The final interdict follows an interim one issued last month stopping the council from building the classrooms by re-advertising and awarding the disputed tenders.
When delivering the judgement, Judge Busang said the council in its dealings, overlooked that the construction companies were business entities who embarked on the enterprise of profit-making.
“Business is not a hobby that people engage in for gratification of some eccentric interests and tastes. People engage in business not for altruistic reasons, and government and public bodies that arbitrarily cause business to incur costs in anticipation of making money and arbitrarily cancel deals, should know that no courts in a civilised society would condone such conduct,” he said.
He explained that the balance of convenience favoured the applicant because if not granted the interdict they would be prejudiced by the loss of the tender, left with no legal recourse and would not recoup the expenses incurred in putting the tender together.
Justice Busang pointed out that after the award of tenders, the companies had a reasonable expectation of making money out of the contracts they were to sign.
“I find no fault with them being motivated by profit as that it is what they exist for. The council should not deal in any manner with the tenders pending final determination of an application for review of the acting council secretary decision to cancel the said tenders,” he said.
Meanwhile, the final interdict by the court comes in the wake of the companies having taken the council to court for cancelling the tenders that were awarded them on August 16, 2018.
The companies, which are Dupa Enterprises Corporation, L & H Construction, Julu Investments, Cornicles Building Construction, and Chareu Investment had sought the interdict for cancellation of the tenders without any reasons pending a review application.
They were awarded the tender individually, for the construction of educational facilities for schools at Komana, Toteng and Legothwana Primary Schools, Boyei, Boseja and Disaneng Primary Schools, Etsha 1, Shambombo, Koshonya and Etsha 13 Primary Schools, Shakawe, Samuchima and Kathiana Primary Schools, Kajaja Primary School, Mohembo Primary School and staff houses at Mogolokgwane Primary Schoo l.
According to the court documents, the companies had a rude awakening immediately after coming back from the festive season on January 4, 2019 when they found letters on their desks cancelling the tenders. Lecha and Associates represented the council while Ndadi Law Firm appeared for the companies.