Ministry speaks out over tender ruling
Pascalinah Kabi
THE Ministry of Police and Public Safety yesterday dismissed claims that it had “lost a corruption case” to Smally Trading Company.
The ministry’s deputy principal secretary Ezekiel Senti told a press conference that the Court of Appeal had on Friday merely delivered a ruling on procedural issues and not the merits as the main case would only be heard provided the applicants were still interested in pursuing the case.
Mr Senti said this after the Appeal Court dismissed the High Court’s decision that it did not have the jurisdiction to listen to the case in which Smally Trading Company sought the nullification of a contract government entered into with four firms for the supply of police uniforms.
The company had initially approached the High Court on 14 April 2016 contesting the contract between the government and Lekhotla Matšaba, Cubana Shells, Cubana Shells Holdings (Pty) Ltd and Naledi Outdoor Advertising (Pty) Ltd.
Smally Trading Company also wanted the court to stop the Ministry of Police’s Procurement Unit, Deputy Principal Secretary, Commissioner of Police and Ministry of Police and Public Safety, from disbursing any funds to the aforementioned firms pending the finalisation of the case.
However, Justice Lisebo Chaka-Makhooane dismissed the application with costs on 19 April 2016, stating the court had no jurisdiction to hear the application because there was a mandatory procedure the applicant should have followed before approaching the court.
Justice Chaka-Makhoaone said Smally Trading Company did not comply with provisions of the Public Procurement Regulations 2007 before approaching the High Court.
Smally Trading subsequently appealed to the Court of Appeal which ruled on Friday that “the respondents’ objection to the jurisdiction of the court to hear this matter is dismissed with costs.”
Yesterday, Mr Senti said the Court of Appeal’s ruling was not on Smally Trading’s allegations of corruption but simply cleared the way for the company to bring its suit before the High Court if it so wished.
“There are allegations that the police uniform tender was awarded through corrupt means and that the 28 October 2016 Appeal Court judgement meant that we have lost a corruption case,” Mr Senti said.
“It is unfortunate that under this democratic dispensation some experts have decided to lie to the nation about the Appeal Court judgement. We have lost a jurisdiction case not a corruption case and if the applicant is still willing to drag us to court, we are ready to defend ourselves,” Mr Senti said.