Rédaction Africa Links 24 with Werner Menges
Published on 2024-02-29 11:00:00
The recent attempt by Africure Pharmaceuticals Namibia to challenge a decision made by the Central Procurement Board of Namibia (CPBN) regarding the supply of antiretroviral medication to the Ministry of Health and Social Services was unsuccessful in the Windhoek High Court. Acting judge Kobus Miller delivered a judgment yesterday, dismissing Africure’s urgent application, citing “self-created urgency” as the basis for his decision.
Judge Miller removed Africure’s application from the court roll and ordered the company to cover the legal costs of the CPBN, as well as the ministers of health and social services, finance, and public enterprises. Additionally, the competitor of Africure in the tender process, Windhoek Medical Solutions, was also entitled to have their legal costs covered by Africure.
This marks the second time this month that Africure’s urgent application related to the tender for the supply of antiretroviral medication has been dismissed by the High Court. Africure had requested an interdict to halt the implementation of procurement contracts with successful bidders in the tender while seeking to review and overturn the CPBN’s selection of suppliers for the health ministry.
The company argued that the CPBN should have adhered to a directive from the finance minister in December 2020, which required preference to be given to suppliers based and operating in Namibia. However, Judge Miller found that Africure had participated in the tender process despite knowing that this directive would not be applied. He concluded that the urgency of Africure’s court application was self-inflicted.
In an affidavit, Africure claimed that the CPBN had overlooked the fact that they were registered as a manufacturer of antiretroviral medications and were already supplying products to the health ministry. However, the CPBN argued that Africure was not a registered local manufacturer of ARVs and was not licensed to manufacture the specific medication in question. They also stated that Africure intended to procure the medication from an Indian manufacturer.
During the tender process, Africure offered to supply 19 types of ARV medication to the health ministry at a total cost of N$342.7 million, while Windhoek Medical Solutions was selected to supply five types at a total cost of N$219.3 million. The CPBN awarded Africure the contract for only two types of medication, totaling approximately N$723,000.
In conclusion, the High Court ruled in favor of the CPBN and other respondents, stating that Africure’s claim of urgency was unfounded and ordered the company to pay the legal costs of all parties involved. This case highlights the importance of adhering to tender guidelines and the consequences of pursuing legal action based on self-created urgency.
Read the original article on The Namibian
