NSA sued for N$5m by car hire company
The Namibia Statistics Agency (NSA) is facing a lawsuit from a local car hire company for allegedly failing to settle over N$5 million in car-use fees during the census mapping and pilot phase in 2020.
According to the particulars of a claim filed in May 2021, in November 2020, Profile Car Hire, represented by Alfredo Clayton, entered into a memorandum of agreement of lease with NSA’s CEO Alex Shimuafeni.
The agreement stated that the car hire company would lease 86 vehicles for N$8 406 500, including VAT, to the NSA for the census project, specifically for mapping and pilot use, with delivery at Ongwediva and Rundu.
The lease was allegedly scheduled to commence on 26 November 2020 and continue for 27 days. It was to resume for a second round from 5 January 2021 until 17 March 2021, for 73 days, totalling 100 days, unless terminated by either party with two days' written notice.
Breached terms and conditions
According to the car hire company, drivers appointed by the NSA negligently drove two of the company's vehicles, causing a collision, and the two vehicles were subsequently written off.
NSA drivers also allegedly caused damage to the vehicles rented to them without reporting the accident to the Namibian police. Additionally, the drivers allegedly failed to file accident reports within 48 hours as per the agreement, resulting in a N$200 000 loss for the company.
The standing time of vehicles waiting for repairs for 49 vehicles amounted to N$1 million, the company said. The loss of income from two vehicles that have been written off since January 2021 amounted to close to N$200 000, it added.
These are among some of the issues the car hire company says led to their lawsuit.
Response
In response, the NSA has submitted statements to court highlighting numerous issues allegedly experienced with the vehicles.
"Profile delivered a Ford Ranger designated for my region. This vehicle was defective, its 4x4 drive was dysfunctional and I reported it. It was collected soon after delivery," said NSA regional statistician in the Kavango East Region, Anna Haushiku, in court documents.
According to a report from NSA drivers that she received, they complained about and noticed defects the first time they started using the vehicles. One driver reported that the car switched off while in motion. "Before making any decision as a regional statistician, I usually inform the fleet officer for guidance," she said.
She said even though it was mandatory to contact her first, NSA drivers would sometimes contact the Kavango Region car company representative, and the exchange of defective vehicles would be done in her absence.
The case has been postponed to 23 July before High Court judge Herman Oosthuizen.
According to the particulars of a claim filed in May 2021, in November 2020, Profile Car Hire, represented by Alfredo Clayton, entered into a memorandum of agreement of lease with NSA’s CEO Alex Shimuafeni.
The agreement stated that the car hire company would lease 86 vehicles for N$8 406 500, including VAT, to the NSA for the census project, specifically for mapping and pilot use, with delivery at Ongwediva and Rundu.
The lease was allegedly scheduled to commence on 26 November 2020 and continue for 27 days. It was to resume for a second round from 5 January 2021 until 17 March 2021, for 73 days, totalling 100 days, unless terminated by either party with two days' written notice.
Breached terms and conditions
According to the car hire company, drivers appointed by the NSA negligently drove two of the company's vehicles, causing a collision, and the two vehicles were subsequently written off.
NSA drivers also allegedly caused damage to the vehicles rented to them without reporting the accident to the Namibian police. Additionally, the drivers allegedly failed to file accident reports within 48 hours as per the agreement, resulting in a N$200 000 loss for the company.
The standing time of vehicles waiting for repairs for 49 vehicles amounted to N$1 million, the company said. The loss of income from two vehicles that have been written off since January 2021 amounted to close to N$200 000, it added.
These are among some of the issues the car hire company says led to their lawsuit.
Response
In response, the NSA has submitted statements to court highlighting numerous issues allegedly experienced with the vehicles.
"Profile delivered a Ford Ranger designated for my region. This vehicle was defective, its 4x4 drive was dysfunctional and I reported it. It was collected soon after delivery," said NSA regional statistician in the Kavango East Region, Anna Haushiku, in court documents.
According to a report from NSA drivers that she received, they complained about and noticed defects the first time they started using the vehicles. One driver reported that the car switched off while in motion. "Before making any decision as a regional statistician, I usually inform the fleet officer for guidance," she said.
She said even though it was mandatory to contact her first, NSA drivers would sometimes contact the Kavango Region car company representative, and the exchange of defective vehicles would be done in her absence.
The case has been postponed to 23 July before High Court judge Herman Oosthuizen.
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