4 NEWS Monday, March 19 2018 | NEW ERA Supreme Court sets aside award of Xaris tender Renewable energy… An illustrative photo of the wind turbine set up in 2005 outside Walvis Bay to feed power into the Erongo Regional Electricity Distributor (RED) grid. Photo: Nampa Honouring the freedom that drives our creative expression. Roland Routh Windhoek The Supreme Court on Friday set aside the award of the 200MW gas power tender to politically-connected Xaris Energy, just days after NamPower announced it had cancelled the project in its entirety. Judge of Appeal Dave Smuts, with Judge of Appeal Sylvester Mainga and Judge of Appeal Elton Hoff concurring, upheld the appeal of Arandis Power that argued that the tender process was irregular, and unfairly favoured Xaris Energy in many ways. In an earlier judgement in the High Court, Judge Collins Parker upheld an objection by Xaris and the other respondents who include the President of the Republic of Namibia, the Cabinet of the Republic of Namibia, the Minister of Mines and Energy, Namibia Power Corporation (NamPower) and Sinohydro Corporation, that the review application was launched out of time and was unreasonably delayed. He had also ordered Arandis Power to pay the costs of the respondents. Not satisfied with the High Court judgement, Arandis Power approached the Supreme Court to review and set aside the decision of Judge Parker. They claimed that various factors, including interference by Cabinet in the award of the tender, caused the delay and that they launched their application soon after they discovered that Xaris was given the go-ahead. Arandis further claimed that the award of the tender to Xaris was unlawful as it was done after the validity period of the tender elapsed. Judge Smuts found that the High Court’s order to dismiss the review application on the basis of undue delay was not interlocutory in nature disposed of the matter. Another objection, raised by NamPower, was that the project was cancelled and as such there is no need for the appeal to proceed. According to the judge, what is in dispute is the validity of the tender award to Xaris. He mentioned that NamPower has conceded that the award was made outside of the time limit as per the terms of reference of the tender itself. However, the judge said, while Arandis conceded that the appeal would be moot since the project was cancelled, Xaris did not acknowledge this and intend to take legal action as a consequence. But, Judge Smuts said, the validity Ondonga splinter group Nuusita Ashipala Ondangwa The divisions between the current leadership and the axed traditional councillors of Ondonga Traditional Authority (OTA) widened further over the weekend, with the axed councillors claiming to be open- populous as of today. at Oniipa will also house the community court, the splinter group told its supporters on Saturday. ments, as well as furniture and staff of the Ministry of Justice, will be The revelations were made at a meeting of about 1,000 people convened by the axed councillors on Saturday at Oluno. The majority of the people in attendance were village headmen. All 10 districts within the OTA were represented. The meeting comes after peace talks within the royal family, to reunite the current leadership and the axed councillors, turned sour. New Era was reliably informed that the royal family, led by King Kauluma Elifas, was looking to reinstate the axed councillors, and talks were ongoing but were halted almost two weeks ago. Former senior traditional councillor for Amuteya district Vilho Kamanya asked people within Ondonga to start registering their Kamanya said the axed traditional councillors had twice received court-related training, this year and last year. Kamanya said the Ministry of Justice would contribute towards the rental of the new premises. But the Deputy Director of Community Courts in the Ministry of Justice Amelia Nathanael told New Era that the ministry has nothing to of the award is the subject of the appeal, which means that the appeal is by no means moot. “There is a live and existing dispute between the parties to this appeal concerning the validity of the tender award which is raised in this appeal,” he reasoned. “A pronouncement on that issue may have a clear practical effect if the award is declared invalid.” The appeal judge said that it was established that NamPower did not make an award during the validity of the competing tenderers and that Nam- Power’s policy expressly requires it to award a tender within the validity period. He further stated that Nam- Power did not invoke its provisions for extending the validity period of a tender. He said NamPower’s Procurement Policy determines the validity of the process and the policy makes it clear that a tender must be awarded within the tender validity period. “In the absence of an extension, it was no longer open to NamPower to accept a tender. The tender process had thus been completed upon the expiry of the validity period, albeit unsuccessfully,” Judge Smuts concluded. do with the ongoing OTA squabbles, but will ensure that cases in the community continue to be heard, “From our end, they (councillors) are not suspended as justices and assessors of the community court,” said Nathanael. She said the operation of a community court on the premises of a availability of space. “When there is no space the ministry usually pays for rented premises, which is what will happen with Ondonga Traditional Authority,” said Nathanael. Housing and business registration fees from the villages should as of Monday also be forwarded to of attendees. The meeting resolved to set up an account with a new board of trustees to oversee the funds. Kamanya insists that they (traditional councillors) are not on suspension. “We are the gazetted traditional councillors, hence the ministry continues to engage us and provide us with training and not the other group,” said Kamanya. OTA secretary Nepando Amupanda refused to comment on the outcome of the meeting when contacted yesterday. Last week Amupanda sent out a communication, supposedly from the king, objecting to the holding of such a meeting as it did not receive the king’s blessing. “Ondonga people should refrain from responding to invitations that the letter reads. Apart from the headmen, the meeting was also attended by some members of the royal family. Also in attendance were the former Swapo Party secretary for information and mobilisation Helmuth Angula, former ambassadors Eddy Amukongo and Nicky Nashandi and retired politician Kanana Hishoono.
Monday, March 19 2018 | NEW ERA NEWS 5 Hanse-Himarwa slams doctors for teacher book-offs Eveline de Klerk Swakopmund Minister of Education Arts and Culture, Katrina Hanse-Himarwa, has lashed out at medical doctors, who book off teachers for unnecessarily long periods. She was addressing principal of schools in that Erongo Region on Swakopmund. The minister said teacher absenteeism is worrisome and a concern for the ministry with learners at the receiving end. According to her, greedy medical doctors, who dish out sick notes without considering the consequences of their actions, assist such high and unnecessary absenteeism. “A lack of action from all roleplayers, including from head of schools inspectors of education and fuelling this absenteeism. We have noticed cases of staff members who are on sick leave since 2016 but are still receiving a full salary in some instances these cases are not even reported to the ministry,” said Hanse-Himarwa. She also accused such medical doctors of enticing teachers to such an extent that they ask whether the teacher wants to be booked off. “They, medical doctors, are even enticing the teachers by asking whether they want to be booked off and for how long. It is about time that these so-called doctors are exposed and shamed. How can you book off a person that you see is well, at the expense of the children? Yet the blame comes to us when ungraded results come at the end of the year,” she said. She added that such tendencies are uncalled for and negatively impact the teaching and learning process with learners the biggest losers. Money laundering accused wants charges altered Roland Routh Windhoek Millionaire businessman Laurensius Julius, who together with six Chinese businesspersons is accused of defrauding the taxman of at least N.5 billion in import taxes, is asking the Windhoek High Court to change the charges he is facing. Julius, together with prominent Chinese-born businessman Yuigua Huang, popularly known as ‘Jack Huang’, Tao Huizhong, Jinrong Huang, Zhu Honggang and businesswoman Hongyin Jia, faces charges of tax evasion, fraud and money laundering involving N.5 billion. He is currently free on an N.5 million bond. Julius is asking the High Court to set aside the decision of the prosecutor-general (PG) to arraign him on charges under the Prevention of Organised Crime Act (POCA). He is also asking the High Court to order the PG to provide him with copies of all the evidence and documents to be used in the trial against him. He needs this to prepare for the review proceedings in the High in his court papers that his business, Extreme Customs Clearance Services, has ceased operations due to the events that prevailed. According to Julius, he is hampered by the fact that in the review !Naruseb offers hope for struggling dairy industry proceedings such as the one he lodged, the vast majority of the relevant evidence and source documents relating to the decision that to be reviewed are in the hands of the PG or persons under her control. “I have not yet obtained access to such evidence and documents, which I am advised will form part of by the respondent,” he said. “By the same token, I am hampered by the fact that I have not yet obtained access to the respondent’s reasons, if any, supporting the decision that is sought to be reviewed, which I am respondent.” Julius further said two witnesses bail hearing after the impugned decision on what charges he should be arraigned was taken. According to him, their evidence showed that the decision to indict him under the POCA Act cannot stand. According to Julius, the decision to charge him under the POCA Act was arbitrary and lacked a rational basis, therefore, is irrational, and such irrationality offends the principle of legality and the rule of law. “As such, the impugned decision was unlawful and unconstitutional,” Julius argued. He went on to say when viewed objectively, the impugned decision was taken in the absence of any evidence to support the same. “The impugned decision falls within the ambit of Article 18 of the Namibian Constitution, and as provided therein I have the right to seek redress before this court with regards to the same,” he stated. Article 18 says administrative ably and fairly. He further stated that Republic of Namibia it is important for him to point out to the court that in respect of both charges – fraud and money laundering – it was Extreme’s conduct that was concerned and not his personal conduct. However, notwithstanding this, the PG decided to charge him in his personal capacity and not in his representative capacity as Director of Extreme pursuant to Section 332(5) of the Criminal Procedure Act that makes provision for a director to be charged. Regarding the application to be provided with the documentation, presiding judge Thomas Masuku indicated that he would give his ruling on April 19. Advocate JP Vorster SC assisted by Advocate Charles Wesley and Advocate Slysken Makando instructed by Dirk Conradie represent Julius in the application while Mehluli Ndlovu, instructed by the Government Attorneys, represents the PG. Staff Reporter Windhoek Newly-appointed agricultural minister Alpheus !Naruseb last week promised a concerned delegation from the dairy industry that he would expedite amendments to the Dairy Act so that the necessary support can be given to the crippled local dairy sector, as soon as possible. !Naruseb’s promised lifeline comes just days after New Era reported that if the long-awaited bill to regulate the importation and export of milk and dairy products – due to be tabled in parliament soon – is not given the green light, it could spell disaster for Namibia’s small dairy producers. The minister stressed the importance of the Namibian dairy industry becoming less reliant on imports from South Africa when he made the promise to a delegation consisting of the chairman of the Dairy Producers Association, Kokkie Adriaanse, and senior staff members of Namibia Dairies. The country’s 16 dairy producers and the entire dairy industry are in dire straits. On February 23, a raw milk price reduction for Namibian producers of 10 cents per litre came into effect and a further possible 10 cents reduction is expected by the end of April. This is the second price reduction in the last seven months for producers, and these price reductions could potentially mean the end of business for some of the country’s dairy producers. In addition to the price reduction, payments to producers are being deferred on a monthly basis. Producers are also warned not to increase milk production, as excess milk will most probably not be taken up in the market due to imports. There are currently less than 3000 commercial dairy cows left in Namibia. This critical situation in the dairy industry can be ascribed to mostly the other dairy products into Namibia. SA was selling for cheaper than Namibian bottled water in some outlets. Namibia Dairies Managing Director, Gunther Ling, told New Era that the price of milk and other dairy products like yogurt is set to increase while milk volumes produced on Namibian farms in 2017 are four percent Namibia experienced a 15 percent tween July and December last. The market offers a fully open and non-regulated trade in milk and other dairy products. This results in increasing import competition risking the replacement of local dairy production and manufacturing. Almost all butter and cheese sold in Namibian shops are imported. Feeding costs increased by nearly 50 percent in 2015 and total production costs increased by about 28 percent over the same period. High customs tariffs to Angola and Botswana hampered exports to neighbouring countries and prevented market expansion. Ministry of Environment and Tourism ANNOUNCEMENT THE MINISTRY OF ENVIRONMENT AND TOURISM ANNOUNCES THE AUCTION OF TROPHY HUNTING CONCESSIONS ON STATE LAND FOR THE PERIOD 2019 – 2020 (With a possibility to extend to 2021) The Ministry of Environment and Tourism (MET) will hold an auction of trophy hunting concessions on State land for the period 2019-2020 (with the possibility for extension to 2021) on 6 April 2018, in Windhoek (the exact venue to be communicated at a later stage). Five (5) concessions will be auctioned at this event. Concession Areas Bwabwata National Park), Western Kavango and Mangetti National Park, Waterberg Plateau Park, Daan Viljoen and Von Bach Game Parks and the Naukluft Part of the Namib Naukluft Park. Species included in Concessions Species included are: buffaloes, leopard, elephant, giraffe, eland, hippopotamus, crocodile, roan and common impala, warthog, duiker, spotted hyaena, klipspringer, and springbok. Pre-Registration and Registration Registration for bidders will be restricted to Namibian registered companies in good standing, owned by or having in its employment a Namibian registered professional hunter. All interested companies are required to pre-register during the period of 19 March-4 April 2018 to qualify for the auction. Pre-registered companies will be given the draft contract and more information on concessions. Special incentives will be offered to promote black economic empowerment in the trophy hunting industry. For concessions including elephants and buffaloes, the professional hunter must be registered for trophy hunting of big game and employed temporarily or permanently by the bidding company. Registration will take place from 09h00-10h30 A. M. on the auction date, and the auction will commence at 11h00 A. M. For further enquiries please contact: Mr. Vitalis Mushongo Mr. Colgar Sikopo Ms. Elly Hamunyela Phone: +264 61 2842912 Phone: +264 61 284 2518 Phone: +264 61 284 2526 Fax: +264 61 229 936 Fax: +264 61 229 936 Fax: +264 61 229 936