IPC in court for ‘unpaid’ N$3.2m branding work
• Company demands 2.5% interest
IPC national general secretary Christine Aochamus claims Anga proprietor Gabriel Nietche-Kandolf made an unsolicited proposal to supply the party with marketing and promotional materials.
The Independent Patriots for Change (IPC) has been dragged to court for allegedly ordering branded material in the form of shirts, flags, badges, berets and bandanas - among other things - and subsequently not paying for the items.
The lawsuit stems from an alleged oral agreement it entered into with local supplier Anga Enterprises in the party’s formative days for the supply of promotional materials.
In its claim, Anga said it concluded the agreement to supply the party with promotional materials at its insistence, delivering items branded with the IPC logo and insignia.
The opposition party now finds itself having to defend a suit in which Anga claims it is indebted to the tune of N$3.2 million. The company is also demanding interest at the rate of 2.5% per month on the aforesaid amount.
"It was agreed between the parties that Anga Enterprises would supply to the IPC the brand promotional goods for a period of three years. In good faith, Anga Enterprises would charge a discounted and/or normal rate for the services rendered at times and, at Anga Enterprises' sole discretion, at times would render parts of the services at no charge to the IPC.
Dud defence
"The defence that the sale agreement was unsustainable and open to abuse is a dud defence. There exist no facts from the IPC’s affidavit to sustain this defence. To the contrary, the terms of the sale agreement clearly reflect that Anga Enterprises was to supply the promotional items at the IPC’s special instance," the company said.
The amount owed in the statement of account has not been disputed by the IPC, Anga added.
However, according to IPC national general secretary Christine Aochamus, Anga proprietor Gabriel Nietche-Kandolf made an unsolicited proposal to supply the party with marketing and promotional materials.
"It was explicitly agreed that IPC would only pay Anga Enterprises for the items delivered and subsequently sold by Anga Enterprises. Anga Enterprises knew at the time that [the party] does not have the financial capacity to pay upfront for such items," she said.
Young party
At the time, IPC was a young political party with limited financial resources, Aochamus argued.
“IPC was a very young political party, just established, with a very small following at the time with very little financial resources and a small asset base,” she said.
The relationship between Anga and IPC would prove beneficial to both, with the growth of the company’s business being complimented by IPC’s support base, she said.
“It was further agreed between the parties that this relationship would be beneficial for both parties as Anga Enterprises’ business would grow with the growth of the IPC, hence the agreement that Anga Enterprises would be the preferred supplier. It was thus with [this] motive Anga Enterprises approached the IPC,” she said.
Aochamus added that an agreement had been reached to pay Anga for its branded material after successful sales to its members. The company, however, did not keep its end of the bargain and produced material while no sales had been effected, she said.
She further said the IPC does not owe Anga what it claims it is owed.
“It is denied that the IPC is indebted to Anga Enterprises in the amount claimed or any other amount.”
The lawsuit stems from an alleged oral agreement it entered into with local supplier Anga Enterprises in the party’s formative days for the supply of promotional materials.
In its claim, Anga said it concluded the agreement to supply the party with promotional materials at its insistence, delivering items branded with the IPC logo and insignia.
The opposition party now finds itself having to defend a suit in which Anga claims it is indebted to the tune of N$3.2 million. The company is also demanding interest at the rate of 2.5% per month on the aforesaid amount.
"It was agreed between the parties that Anga Enterprises would supply to the IPC the brand promotional goods for a period of three years. In good faith, Anga Enterprises would charge a discounted and/or normal rate for the services rendered at times and, at Anga Enterprises' sole discretion, at times would render parts of the services at no charge to the IPC.
Dud defence
"The defence that the sale agreement was unsustainable and open to abuse is a dud defence. There exist no facts from the IPC’s affidavit to sustain this defence. To the contrary, the terms of the sale agreement clearly reflect that Anga Enterprises was to supply the promotional items at the IPC’s special instance," the company said.
The amount owed in the statement of account has not been disputed by the IPC, Anga added.
However, according to IPC national general secretary Christine Aochamus, Anga proprietor Gabriel Nietche-Kandolf made an unsolicited proposal to supply the party with marketing and promotional materials.
"It was explicitly agreed that IPC would only pay Anga Enterprises for the items delivered and subsequently sold by Anga Enterprises. Anga Enterprises knew at the time that [the party] does not have the financial capacity to pay upfront for such items," she said.
Young party
At the time, IPC was a young political party with limited financial resources, Aochamus argued.
“IPC was a very young political party, just established, with a very small following at the time with very little financial resources and a small asset base,” she said.
The relationship between Anga and IPC would prove beneficial to both, with the growth of the company’s business being complimented by IPC’s support base, she said.
“It was further agreed between the parties that this relationship would be beneficial for both parties as Anga Enterprises’ business would grow with the growth of the IPC, hence the agreement that Anga Enterprises would be the preferred supplier. It was thus with [this] motive Anga Enterprises approached the IPC,” she said.
Aochamus added that an agreement had been reached to pay Anga for its branded material after successful sales to its members. The company, however, did not keep its end of the bargain and produced material while no sales had been effected, she said.
She further said the IPC does not owe Anga what it claims it is owed.
“It is denied that the IPC is indebted to Anga Enterprises in the amount claimed or any other amount.”
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