WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.
Original Post Date: 2010-02-25 Time: 02:00:05 Posted By: News Poster
By Jana-Mari Smith
THE Namibian Government has “effectively ceded its sovereignty to the Chinese government”, a company which tendered for the northern railway extension project said in a strongly worded affidavit filed with the High Court in October last year.
The company, Shetu Trading CC, the only tenderer for the project, lodged a review application in the High Court in Windhoek to have the tender to a Chinese company reviewed or set aside.
In its review application filed on October 13, Shetu cites the Minister of Works, the Chair of the Tender Board of Namibia, China National Machinery and Equipment Import and Export Corporation (CMEC) and Teko Trading CC as respondents.
Teko Trading is cited because it is “alleged to be the local representative” of the Chinese firm that was granted the tender and “for any interest it might have in the outcome of this application”.
Shetu Trading also filed an amended motion of review last week on February 19, again citing the same four respondents.
In her founding affidavit, Anna Mbundu, the Executive Director of Shetu Trading, accuses Government of breaking its own laws and ignoring its own policy in return for a loan.
The tender was for the supply of rails for the extension of the northern railway line.
The tender was published in February 3 2009. However, Mbundu claims that she discovered in her subsequent investigations after the tender was cancelled that the Permanent Secretary in the Ministry of Works and Transport had applied to the Tender Board of Namibia that no open tenders be invited for the northern railway extension project.
She alleges that “such exemption may have been granted on 14 November 2008,” although the tender was published in February the following year.
In her affidavit she accuses the Ministry of Works and Transport for putting out a fake tender in order to “test the market” while negotiations with a Chinese company to supply and construct railway lines in the north and south of Namibia were ongoing.
Mbundu charges in the affidavit that the tender invitation for the supply of rail track for the Oshikango-Ondangwa railway in northern Namibia was never intended to be awarded.
“The tender was called under false pretences. Neither the Ministry nor the Tender Board of Namibia seriously intended to consider, or award, the tender to a tenderer,” Mbundu states in her founding affidavit.
Shetu Trading argues that the Namibian Government “effectively ceded its sovereignty to the Chinese government and essentially agreed to break its laws and ignore its own policies in return for a loan.”
Mbundu bases her allegations on a Cabinet resolution of July 2009, which stated that the Chinese government had agreed to finance various projects through a soft loan to Namibia, if Namibia “would not procure goods, works and related services by open tender, but negotiated contract between the Namibian and Chinese sides, and Tender Board exemptions to this effect was obtained.”
She was informed, in July, by a senior member of the Cabinet Secretariat, that “the tender was called to test the market in order to asses whether China was asking for a market-related price for the project in question.”
She also heard that “an agreement for the project was signed already in June 2009 between Government, China National Machinery and Equipment Import and export Corporation (CMEC) and their local representatives, Teko Trading CC.”
Shetu Trading however, was allegedly only informed of the cancellation of the tender and their disqualification, in July 2009.
Following a request by legal representatives of Shetu in July, the Tender Board of Namibia informed Shetu Trading that the “tender has been cancelled.”
Upon request for further information, the Ministry of Works and Transport then informed Shetu Trading that their tender submission was disqualified as it did “not comply with all tender requirements.”
Lastly, the letter noted that the Ministerial Tender Committee recommended the cancellation of the tender. This letter was written on June 22 2009 and signed by George Simataa, the Permanent Secretary of the Ministry.
Mbundu argues that “it was predetermined that the project would have been awarded, without tender procedures, to a Chinese company, in particular CMEC. This amounts to unlawful action and an abuse of power.”
In July, the ministry officially noted that negotiations about the Northern Rail Extension with CMEC only began after the Ministry had “obtained a tender board exemption from the normal tender procedures.”
Mbundu claims that a letter, written on 3 February by Simataa, at the same time that the tender invitation was published, “indicates that the open market will be tested” and “suggests that the tender was called solely for this purpose.”
She said that by this, she infers that “the tender invitation was published for improper purposes.”
Additionally, Mbundu claims that during price negotiations with the Chinese, the compared quotes “including applicant’s tender” in order to negotiate lower prices with the Chinese.
“It was argued that CMEC’s quotes was higher than other quotes,” Mbundu says.
Mbundu argues that the disqualification of her company from the tender process was invalid, and the cancellation of the tender was “unlawful. Even assuming [Shetu] was disqualified legitimately new tenders ought to have been invited. This was never done.”
Mbundu also said that CMEC “was never required to comply with any of the requirements” of the tender and that the disqualification of Shetu Trading as the only bidder was not valid.
“This constitutes double standards, unequal treatment and unreasonable administrative conduct.”
Original Source: 
Original date published: 24 February 2010
Source: http://allafrica.com/stories/201002240148.html?viewall=1