A PRIVATE architect company, Claud Bosch Architects, is suing the government for N$28 million over failed plans to construct a new parliament building.
Court documents seen by show that in March 2015, the government, represented by the permanent secretary (now executive director) of works and transport Peter Mwatile, appointed Claud Bosch Architects CC as consultants for the project.
In 2016, the government planned to construct a controversial N$2,4 billion parliament to accommodate the National Assembly and National Council, dubbed the Welwitschia.
The new building was to include features such as 400 offices (an increase from 200), the size of the chamber to accommodate 300 politicians, instead of the initial 120.
Seats for the public and the media were to be increased from 150 to over 500, while lawmakers would have had a gym as part of a “wellness” centre.
However, the plans were shelved, and the architect company is now suing the government for N$28 million.
The court papers state that Claud Bosch Architects CC would be the principal agent, and would have prepared the required technical documentation for the construction of the proposed parliament building.
Besides, the company would supervise contract administration for the project, and charge an hourly rate for professional services.
“The plaintiff would prepare and design, together with another architect firm, a combined proposal for the new parliament building,” the document reads.
On 24 February 2016, Claud Bosch Architects and the government entered into an oral professional services agreement for additional services not envisaged in the consultancy appointment of 13 March 2015.
The architect company stated that it complied with all its obligations which arose from the consultancy appointment, and the oral agreement concluded between the two parties.
The document added that the company presented the government with several invoices for payment.
On 13 January 2016, the government acknowledged indebtedness to the company in respect of an invoice by way of partial payment to them in the amount of N$4,5 million.
According to the court documents, on 15 November 2018, Claud Bosch Architects presented the government with a statement of the defendant’s account held by the plaintiff.
“The statement reflects invoices tendered, interest charged and payments received by the plaintiff, in respect of the defendant for the period between 19 March 2013 and 15 November 2018, which amounts to an unpaid debt balance of N$28 million, which is due and payable by the defendant,” the court documents showed.
It further stated: “Despite demand, the defendant fails and/or refuses to pay the balance of the account in the amount of N$28 million.” The architect company wants the government to pay the owed amount, legal fees and interest of 20% per annum from the date of summons to the date of final payment.
Minister of works John Mutorwa yesterday told that he had not been informed about the matter, before directing questions to other officials within the ministry.
“Please direct your questions to the executive director of the Ministry of Works and Transport, and/or the acting deputy executive director: ministry of works and transport (Mr R. Kalomoh),” he said.
reported in 2016 that the parliamentarians provided the consultants with what is called an accommodation schedule, a term used to describe a brief from the clients, outlining what they want, how they want it, and how they would use the building.
The construction of the building sparked public uproar as people accused the government of prioritising wrong projects.
A source close to the matter told The Namibian at the time that the N$2,4 billion would not be spent in one go, and that it would take close to three years for the design, and four more years to construct the actual building.
According to the official, designing the building would cost around 10% of the total project, which is N$240 million over three years.
Plans for constructing the new parliament have, however, been put on hold due to budget cuts and pressure from the public.
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