By ‘Mantṧali Phakoana
The Public Procurement Tribunal of Lesotho has ordered the ministry of agriculture and food security to lift its suspension of a tender for the leasing of the National Abattoir & Feedlot Complex with immediate effect.
The judgement comes after the Arekeng Ltd and other interested companies approached the Procurement Policy and Advisory Division (PPAD) on February 21 2023. They were requesting intervention after the ministry suspended the tender for the leasing of the complex through a newspaper advert without given any reason.
The final date of submission was supposed to be 3 November 2022.
But a day before this deadline, the ministry – which is the respondent in this matter – sent a letter to the interested bidders informing them that the tender had been suspended until further notice. This was done through a newspaper advert.
Not satisfied with this, Arekeng Ltd wrote to the ministry on 21 February 2023. The company also went to the office of respondent to find out when the suspension would be lifted, to no avail.
It further wrote to PPAD on the same day requesting intervention.
However, the PPAD could not intervene; instead it referred the case to the Public Procurement Tribunal of Lesotho under the Public Procurement Authority Act No.3 of 202.
When the two parties appeared before it, the tribunal instructed that the suspension of the tender no. GOL/MAFS/NC-1/2022-23 be lifted.
In its judgement, the panel of Polello Sephora Makhera, ‘Matṧepo Lechela and Ntṧepeng Tikiso ‘Malabane Mokuoane noted that there was no need for the ministry to suspend tender no. GOL/MAFS/NC-1/2022-23 without any valid reason.
“The suspension of tender no. GOL/MAFS/NC-1/2022-23 for Leasing of The National Abattoir & Feedlot Complex is hereby lifted with immediate effect,” the tribunal ordered on 3 May 2023.
It also instructed the ministry to communicate and accept tenders only from bidders who had indicated their interest by purchasing tender documents.
The tender closing date should be set within 15 working days of the judgement, the tribunal further said.
It also ordered that bidders who had shown interest by purchasing the bid documents be allowed to submit their tenders.
The tribunal ruled that the ministry had unlawfully suspended the tender process without any valid reason and without indicating when it would be lifted.
This was despite that the ministry had admitted that it had enough funds to continue with the tender process.
“Both parties agree on all essential facts. Asked if there was any reason why the tender could not proceed, the respondent (ministry) seemed not to have any squabble.
“It also confessed that there were sufficient funds to proceed with the tender as they were carried forward from the last financial year.
“There being no reason for the tender not to proceed, and there being funds for the tender to proceed as planned, we find that the respondent has no right to withhold the tender, more so as the bidders had already shown interest,” the tribunal states in its judgment.
The tribunal also observed that Arekeng Ltd had requested an answer from the ministry but it did not respond.
“Both parties agree on all essential facts.
“Asked if there was any reason why the tender could not proceed, the respondent (ministry) seemed not to have any squabble.
“It also confessed that there were sufficient funds to proceed with the tender as they were carried forward from the last financial year,” the tribunal said in its judgement.
“There being no reason for the tender not to proceed, and there being funds for the tender to proceed as planned, we find that the respondent has no right to withhold the tender, more so as the bidders had already shown interest,” it also noted.
The tribunal therefore, ruled in favour of Arekeng Ltd.
One of the company’s shareholders, Teboho Motṧephe, told theReporter in an interview yesterday that they were ready to invest about M60 million to run the abattoir.
Approached yesterday to provide reasons for the suspension of the tender, agriculture and food security minister Thabo Mofosi denied cognizance of the tender.
“I do not know anything about that tender. I will consult the principal secretary and then revert to you,” he said.
An attempt to get a comment from PS Nchakha Makara was not successful either.
All he could say was, “If you want to interview me, you must first make an appointment. I am driving at the moment.”
