Menzies Aviation appeals against 30-day notice period

The airport services company Menzies Aviation (Namibia) is again approaching the Supreme Court, this time to contest a 30-day notice period that a High Court judge last week said the company should be given to vacate Hosea Kutako International Airport (HKIA), where Menzies is providing ground handling services to the Namibia Airports Company(NAC).

Menzies has been involved in court battles with the NAC and a competitor, Paragon Group Holdings, since last year, after losing a tender for the provision of ground handling and cargo services at HKIA.

After the tender was awarded to Paragon Investment Holdings in December 2021, Menzies has been contesting the NAC’s decision to award a new contract to a competitor, which it deems irregular and unlawful.

In an appeal notice filed at the Supreme Court on Thursday, Menzies contends that the determination of a 30-day notice period was beyond the High Court’s scope, as none of the parties had requested such a finding.

They emphasise that the determination of a notice period falls under the jurisdiction of the NAC and should not have been made by the court.

Menzies argues that this constitutes a breach of the separation of powers principle.

Menzies’ vice president of commercial and business development, Ian van Rooyen, informed the company’s clients last week that the High Court had not issued an order for Menzies to vacate HKIA within 30 days.

“However, the NAC now pretends that an order to that effect was made and wants to implement such an ‘order’. Inasfar as that is possible, Menzies will file an appeal tomorrow, which will then suspend such an order,” Van Rooyen said.

He said the company’s legal team was finalising complaints that would be lodged with the Anti-Corruption Commission, as well as the minister of works and transport, who is responsible for civil aviation.

These complaints may give rise to further legal action, he indicated.

“Our legal representatives have also sent a letter to the NAC’s legal representatives, requesting the NAC board of directors not to make a decision to give notice to Menzies. There is a huge difference between a decision to in fact give notice, and the period which should be applicable once such a notice is given,” he said.

Van Rooyen said Menzies is still at the initial step of determining whether notice should indeed be given.

“We have asked the NAC’s board of directors to reconsider. We have also pointed out to the NAC that, if any notice is given to Menzies, it must be at least 12 months’ notice, as envisaged in the rent ordinance. It is therefore business as usual for Menzies, and you will at all times be kept informed of the factual situation,” Van Rooyen said.

The NAC is still in the process of determining its position on the matter.