NAC, Menzies’ court saga continues
Interim application brought
The main case has been put on hold until the court rules on Menzies' application for leave to amend its founding documents.
Kristien Kruger
Windhoek
Menzies Aviation Namibia is applying for leave to amend their founding documents after new information allegedly came to light.
“It is not surprising that Namibia Airports Company (NAC) and Paragon will be desperate to withhold evidence from the court, given the serious allegations of impropriety they are now facing,” Ian Michael van Rooyen, Menzies director, said in a statement submitted to the Windhoek High Court on Tuesday.
The statement was filed in support of Menzies’ application for permission to supplement its founding documents. Menzies claims that new information has come to light since its founding documents and additional papers were submitted to court. Menzies wants to add new information to their documents, although the company claims to have already made its case in its current court papers regarding its allegations that the Namibian Airports Company (NAC) exercised a “defective, illegal, and deceitful tender process.”
“Especially in light of the fact that it is in the public interest for tenders to be handled fairly, transparently, and above all, lawfully,” adds Van Rooyen in his statement.
Disputed award
The tender in question is for ground handling services at the Hosea Kutako International Airport (HKIA), which NAC awarded to Paragon Investments. Menzies claims the tender award is invalid and demands that the tender process start over. NAC and Paragon oppose Menzies’ application and claim that Menzies brought the application in “another attempt to delay proceedings. It is undeserved and an abuse of the court process,” claims Gerson Adolf /Uirab, the CEO of NAC.
Background
In the main application, NAC was instructed to provide a complete record of review.
The first two versions of the record were uploaded in May and June 2022, as well as a third one in August 2022, and a hard copy was provided to Menzies’ legal team.
Menzies claims that the third version differs from the first two and that their founding documents were already prepared before the third version became available. “Menzies had no reason to believe that its contents would change, especially not with regard to Paragon’s tender offer or that NAC had any reason to possess different versions of this offer,” reads Van Rooyen’s statement.
Van Rooyen goes on to state that it is irregular for NAC to be in possession of different versions of Paragon’s offer.
“NAC had no reason to be in possession of other versions or any incomplete tender documentation that belongs to applicants, and there is simply no explanation why NAC could possibly be in possession of two versions of Paragon’s tender offer,” according to Van Rooyen.
Menzies plans to bring an application to refer the issue of the differences in the three versions of the record to oral evidence, during which Desmond Amunyela, director of Paragon, and NAC representatives will be cross-examined, Van Rooyen added.
kristien@republikein
Windhoek
Menzies Aviation Namibia is applying for leave to amend their founding documents after new information allegedly came to light.
“It is not surprising that Namibia Airports Company (NAC) and Paragon will be desperate to withhold evidence from the court, given the serious allegations of impropriety they are now facing,” Ian Michael van Rooyen, Menzies director, said in a statement submitted to the Windhoek High Court on Tuesday.
The statement was filed in support of Menzies’ application for permission to supplement its founding documents. Menzies claims that new information has come to light since its founding documents and additional papers were submitted to court. Menzies wants to add new information to their documents, although the company claims to have already made its case in its current court papers regarding its allegations that the Namibian Airports Company (NAC) exercised a “defective, illegal, and deceitful tender process.”
“Especially in light of the fact that it is in the public interest for tenders to be handled fairly, transparently, and above all, lawfully,” adds Van Rooyen in his statement.
Disputed award
The tender in question is for ground handling services at the Hosea Kutako International Airport (HKIA), which NAC awarded to Paragon Investments. Menzies claims the tender award is invalid and demands that the tender process start over. NAC and Paragon oppose Menzies’ application and claim that Menzies brought the application in “another attempt to delay proceedings. It is undeserved and an abuse of the court process,” claims Gerson Adolf /Uirab, the CEO of NAC.
Background
In the main application, NAC was instructed to provide a complete record of review.
The first two versions of the record were uploaded in May and June 2022, as well as a third one in August 2022, and a hard copy was provided to Menzies’ legal team.
Menzies claims that the third version differs from the first two and that their founding documents were already prepared before the third version became available. “Menzies had no reason to believe that its contents would change, especially not with regard to Paragon’s tender offer or that NAC had any reason to possess different versions of this offer,” reads Van Rooyen’s statement.
Van Rooyen goes on to state that it is irregular for NAC to be in possession of different versions of Paragon’s offer.
“NAC had no reason to be in possession of other versions or any incomplete tender documentation that belongs to applicants, and there is simply no explanation why NAC could possibly be in possession of two versions of Paragon’s tender offer,” according to Van Rooyen.
Menzies plans to bring an application to refer the issue of the differences in the three versions of the record to oral evidence, during which Desmond Amunyela, director of Paragon, and NAC representatives will be cross-examined, Van Rooyen added.
kristien@republikein
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