Justicia Shipena
An engineering and construction company, Radial Truss Industries, has taken the Ministry of Education, Innovation, Youth, Sport, Arts and Culture, the Central Procurement Board of Namibia (CPBN) and other parties to court in a bid to stop the termination of a construction contract at Tubusis Primary School in the Erongo region.
The tender on renovation and upgrading of the school was awarded in 2021.
In an urgent application set down for hearing in the High Court on Monday, Radial Truss Industries is asking the court to review and set aside a termination notice issued on 6 February 2026.
It also seeks an interim interdict to prevent enforcement of that decision while the case is heard.
According to court papers, the CPBN acted as procurement agent for the ministry when it invited bids for emergency renovation and upgrading works at Tubusis Primary School and its hostel.
Radial Truss Industries says it was selected as the lowest evaluated bidder on 5 October 2021. The contract was concluded on 12 November 2021.
Radial Truss Industries managing director Mekondjo Laamekeni Kweenda argues that the contract falls under the authority of the procurement board because its value exceeded the threshold set in procurement regulations.
Kweenda argues that the executive director later issued the termination notice despite not being a party to the contract.
According to the company, the project faced construction challenges, which were discussed with the procurement board. It adds that the contract value increased from N$68.97 million to N$77.04 million in 2024.
Radial Truss Industries claims the project was more than 90% complete when the termination notice was issued.
Kweenda said the company received a letter on 6 February 2026 stating that, under clauses 57.4 and 57.5 of the general conditions of contract, the CPBN had resolved to terminate the agreement.
The company disputes this. It argues that the executive director within the ministry, as accounting officer, has limited statutory powers and no authority to terminate a contract handled by the procurement board.
Radial Truss argues that the executive director had no legal power, capacity or competence to terminate the contract or issue the notice.
On that basis, it is asking the court to declare the termination null and void.
The application also seeks to stop any steps taken to enforce the decision while the review process continues.
Mwanakatwe Studio Architecture Inc. is cited as the project manager for the works.
The minister is cited in her official capacity, while the CPBN is cited as the body that concluded the contract.
The company’s version of events is detailed in the court papers, which state that the termination came without proper authority and at a stage when the project was close to completion.
