Hospital caterer dragged to court for refusing to leave

Government has dragged a catering company that supplies meals to five state hospitals in the Zambezi and Erongo regions to court for allegedly refusing to pack up and leave after its contract ended.Pamo Trading Enterprises is allegedly refusing to suspend its services and vacate the premises after its contract for the provision of food to the hospitals expired.The health ministry filed an urgent application against Pamo, and the parties appeared in the Windhoek High Court yesterday.The ministry is seeking a court order declaring that the agreement between it and the catering company expired on 31 July. It further wants the court to compel Pamo to cease its services and vacate the premises.Should the company refuse to heed that order, the ministry wants the deputy sheriff to remove it.Pamo was contracted to provide food to state hospitals in Katima Mulilo, Omaruru, Usakos, Swakopmund and Walvis Bay.Public interestIn a statement, health ministry executive director Ben Nangombe said Pamo was informed on 21 June that its contract expires on 31 July, adding that the company made it clear that it would not vacate the premises."Public interest requires uninterrupted provision of catering services to patients in the health facility," he said, giving this as the reason why the court should issue an order in the ministry's favour.When Pamo was informed that its contract was expiring, the company reportedly made inquiries through its lawyers as to why the contract was not extended. In a letter dated 20 July, it contested the termination of its contract as well as the awarding of the tender to another company.The tender for the provision of meals for these five hospitals was awarded to Nutrifood on 9 July and, according to the award, it must take over the services today, 1 August.‘Not urgent’Pamo opposed the ministry’s urgent application and brought a counter-application, demanding that the tender award be reviewed and set aside.The company further argued that the matter is by no means urgent. "On the contrary, the application is an abuse of processes. [Pamo] provides uninterrupted food at these health facilities. It is the [ministry] who wants to unlawfully interrupt this ongoing service and therefore it has created its own urgency,” the company claimed.Pamo claimed that it has an existing contract for the hospitals in the Erongo Region, which apparently comes into effect today and has not been cancelled. This was reportedly awarded after a full process in line with the law on public procurement and was allegedly not set aside by a review panel, the ministry or the court."So, what the [ministry] is proposing is that [Pamo] must vacate by 31 July and then be back on 1 August to fulfil its obligations under the contract." Regarding the company’s operations in the Zambezi Region,it claimed it is currently contracted to provide catering services to the ministry and that this contract still exists."The [ministry] pretended to end this contact, but did so in violation of the terms of the contract," Pamo claimed in its statement.History repeats itself A similar incident happened last year at the Katutura State Hospital in Windhoek. Pamo refused to vacate the kitchen at the facility and make way for a company that was supposed to take over from it - once again Nutrifood.Pamo's employees were forbidden access to the premises on 1 June and Nutrifood took over the kitchen facilities.Pamo then approached the court claiming that the ministry was not authorised to bar its employees, who were then the caterers of the Katutura State Hospital, from entering the premises. It further argued that its contract runs until 30 August 2023."It is clear that the [ministry] has involuntarily and unlawfully denied [Pamo] access to the premises. I am therefore satisfied that [the company] was unlawfully deprived of its possession of the premises," a ruling by Judge Boas Usiku, which was based on the legal principle of spoliation, read.– kristien@nmh-hub.com.na

Hospital caterer dragged to court for refusing to leave

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Namibian Sun 2025-04-04

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Hospital caterer dragged to court for refusing to leave

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Namibian Sun 2025-04-04

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