Ruling on stadium procurement row on Friday

An impending High Court ruling is the only barrier holding up Windhoek’s Independence Stadium upgrade, says Erastus Haitengela, executive director of sport, youth and national service.

The ministry is being challenged for selecting Marley Tjitjo Architects as lead consultant for the project by unsuccessful joint bidders Toivo Nuungulu Architects INC and JV Kerry Mcnamara Architects INC.

Marley Tjitjo Architects’s application for the feasibility study, design, tender documentation, contract administration and site supervision for the alteration and upgrade of Independence Stadium was approved on 11 November.

Nine days later, the unsuccessful candidate registered his grievance of the award with the High Court, which is set to rule on the matter tomorrow.

In the meantime, the successful applicant has begun with their task.

“The successful bidder is currently busy with feasibility study work for six weeks from the date of the award and will only stop if the court rules against the Government this Friday,” Haitengela says.

The stadium can continue to host events while the feasibility study is ongoing, he said. Two Debmarine Namibia Premiership opening round matches and one FNB Women’s Super League clash are scheduled to take place at the venue this weekend.

Contacted for comment on the pending High Court decision, lawyer Appolos Shimakeleni of Appolos Shimakeleni Lawyers (ASL) said while guarding against speculation on what will transpire, the issue may not be put to bed on Friday.

“Parties normally seek legal advice on available remedies and the way forward once the court has pronounced itself. Should the bidder be unhappy with the outcome, they are likely to pursue the matter further if so advised by their legal representatives,” he says.

“High Court rulings are final, but are subject to appeals in the Supreme Court. In terms of Rule 121 of the Rules of the High Court, once an appeal is lodged with the Supreme Court, the effect of the High Court order is suspended pending appeal.”

Should the ruling be in favour of the bidder, Shimakeleni says the bidder will seek to set the decision disqualifying it, as well as the decision to dismiss its application for reconsideration.

He says should the challenger succeed, it would mean that the decision to disqualify them would have been set aside, and that the decision to dismiss its reconsideration application would have been set aside.

“This will mean that the bidder’s bid will remain available for selection and or reconsideration,” he says.