Learners face hunger amid catering tender feud
Current suppliers don't qualify for further extensions
The volatile situation is one of the key reasons government is pushing for the establishment of a dedicated procurement court to handle disputes that could endanger lives.
Thousands of state hostel children are at risk of hunger after catering contracts expired on 31 March.
No new service providers have been appointed due to ongoing court cases filed by new bidders and restrictions on repeatedly extending existing contracts.
The education ministry explained that the procurement contracts of the current service providers cannot be extended further, as the extension approval issued by the former finance and state enterprises ministry has also expired.
The volatile situation comes at a time when government has introduced a bill aimed at establishing a public procurement court – in line with the Swapo election manifesto – in order to expedite dispute resolutions, particularly in the procurement of essential goods.
Extended legal battles
The latest hurdle came after two bidders requested another review, prompting a second review order on 19 March. The ministry received this order in writing on 27 March, once again halting the procurement process.
Meanwhile, on 24 March, the High Court ruled on an appeal regarding a contempt of court charge against the review panel, the finance and education ministries and Pamo Trading Enterprises.
The appeal was lodged by CPBN along with Amon Ngavetene, Ono-Robby Nangolo, Martins Kambulu, Hilya Nandago-Herman, Efaishe Nghiidipaa, Julinda !Garus-Oas, Mary Ndeshihafela Shiimi, Lucia Kazetjikuria, and Elizabeth Shiponene.
Judges Petrus Damaseb, Hosea Angula and Shafimana Ueitele ruled that judge Eileen Rakow mismanaged the hearing of the contempt charge and referred the case back to her.
The tender was initially advertised in June 2020 and awarded in February 2021.
Pamo Trading Enterprises was unsuccessful in that round and sought a review, resulting in an order from the review panel in May 2021 to reassess bids.
Another round
However, CPBN’s bid evaluation committee determined in October 2021 that reassessment was not feasible due to a lack of detailed guidelines. Pamo then approached the High Court in March 2023, successfully compelling CPBN to restart the bid evaluation process.
The process was completed in September 2023, but once again, the committee was unable to make a determination, leading CPBN to cancel the tender in December 2023. Pamo objected to the cancellation, triggering further legal action, including the original contempt of court application over the failure to reassess the bids.
Okay for now
According to the ministry, initial feedback from various regions suggests that, in general, there is enough food in hostels to sustain learners until the end of the week. Parents are encouraged to contact their respective school principals for further information. The ministry said it remains committed to ensuring that learners are not adversely affected by the situation.
“The ministry will always act in the best interests of our learners to ensure that their right to access education is not violated in any way,” the statement noted.
No new service providers have been appointed due to ongoing court cases filed by new bidders and restrictions on repeatedly extending existing contracts.
The education ministry explained that the procurement contracts of the current service providers cannot be extended further, as the extension approval issued by the former finance and state enterprises ministry has also expired.
The volatile situation comes at a time when government has introduced a bill aimed at establishing a public procurement court – in line with the Swapo election manifesto – in order to expedite dispute resolutions, particularly in the procurement of essential goods.
Extended legal battles
The latest hurdle came after two bidders requested another review, prompting a second review order on 19 March. The ministry received this order in writing on 27 March, once again halting the procurement process.
Meanwhile, on 24 March, the High Court ruled on an appeal regarding a contempt of court charge against the review panel, the finance and education ministries and Pamo Trading Enterprises.
The appeal was lodged by CPBN along with Amon Ngavetene, Ono-Robby Nangolo, Martins Kambulu, Hilya Nandago-Herman, Efaishe Nghiidipaa, Julinda !Garus-Oas, Mary Ndeshihafela Shiimi, Lucia Kazetjikuria, and Elizabeth Shiponene.
Judges Petrus Damaseb, Hosea Angula and Shafimana Ueitele ruled that judge Eileen Rakow mismanaged the hearing of the contempt charge and referred the case back to her.
The tender was initially advertised in June 2020 and awarded in February 2021.
Pamo Trading Enterprises was unsuccessful in that round and sought a review, resulting in an order from the review panel in May 2021 to reassess bids.
Another round
However, CPBN’s bid evaluation committee determined in October 2021 that reassessment was not feasible due to a lack of detailed guidelines. Pamo then approached the High Court in March 2023, successfully compelling CPBN to restart the bid evaluation process.
The process was completed in September 2023, but once again, the committee was unable to make a determination, leading CPBN to cancel the tender in December 2023. Pamo objected to the cancellation, triggering further legal action, including the original contempt of court application over the failure to reassess the bids.
Okay for now
According to the ministry, initial feedback from various regions suggests that, in general, there is enough food in hostels to sustain learners until the end of the week. Parents are encouraged to contact their respective school principals for further information. The ministry said it remains committed to ensuring that learners are not adversely affected by the situation.
“The ministry will always act in the best interests of our learners to ensure that their right to access education is not violated in any way,” the statement noted.
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