Niël Terblanché
A looming crisis over food shortages at government school hostels in six regions has been averted following a High Court decision setting aside the cancellation of a multi-billion-dollar food supply tender.
Judge Anne-Doris Hans-Kaumbi on Monday ruled that the decision taken by the chairperson of the tender review panel to cancel the entire tender process was invalid.
The judgment clears the way for the ministry to proceed with food procurement for school hostels in the Omaheke, Otjozondjupa, Kunene, Erongo, Omusati, Ohangwena, and Khomas regions.
The ruling comes after the ministry filed an urgent application, warning that continued delays caused by ongoing legal disputes risked leaving school hostels without food from 1 April.
The tender, valued at N$3.6 billion, had been awarded, with notices of selection issued on 14 February and communicated to the successful bidders three days later.
On 4 March, one of the unsuccessful bidders, Omaungu Caterers CC, lodged a review application challenging the outcome.
This prompted the review panel’s chairperson to cancel the entire bidding process.
The decision was finally communicated on 27 March.
In her judgment, Hans-Kaumbi found that the Ministry had argued urgency based on the potential impact on learners.
“The applicant states in its affidavit that it will not be able to ensure that children in government school hostels are fed unless the decision is reviewed and set aside. “It is averred that the urgency arises from the impact of the first respondent’s decision on the supply of food to children in hostels,” the judge stated.
The Court also addressed a technical issue raised in the matter—whether the failure to include a standstill period in the award notice rendered the entire process invalid.
“What the Act expressly prohibits is the awarding or signing of contracts during the standstill period. Therefore, I cannot see how the omission renders the whole process flawed. There is no evidence before this Court from any potential bidder indicating they would be prejudiced,” the judge said in her ruling.
Judge Hans-Kaumbi, in her ruling, found that the contracts had been validly signed on 12 March 2025 in accordance with the Procurement Act, clearing the way for the continued supply of food to the affected school hostels.
