Judge slams CPBN as FMD breaks in Zambezi …Fence construction continues despite tender dispute as Namibia confirms new outbreak

Renthia Kaimbi

The High Court has reprimanded the Central Procurement Board of Namibia (CPBN) for failing to provide proper reasons for cancelling a veterinary cordon fence tender, while construction of the disputed project continues amid a fresh foot-and-mouth disease (FMD) outbreak confirmed in the Zambezi Region.

In a judgment delivered on 8 October, judge Boas Usiku dismissed an urgent application by China Jiangxi International (Namibia) (Pty) Ltd joint venture with Homefin Properties CC to stop Punchu Trading CC joint venture China State Construction Engineering Co. Southern Africa from implementing the contract to construct veterinary cordon fencing along Namibia’s border with South Africa.

The ruling came as the Directorate of Veterinary Services (DVS) confirmed on Saturday that FMD had broken out at Kalala Island in the Kabe constituency of the Zambezi Region, raising fresh concerns over the spread of the highly contagious animal disease.

According to veterinary public notification, veterinary officials from the Katima Mulilo State Veterinary Office investigated the suspected outbreak on 5 October and observed 20 cattle showing clinical signs of the disease.

Twelve samples were collected and submitted to the Central Veterinary Laboratory in Windhoek on 6 October.

All tested positive for FMD on 7 October, prompting the activation of the National Foot and Mouth Disease Contingency Plan under the Animal Health Act.

The outbreak comes as the government presses ahead with the construction of a veterinary cordon fence in the //Kharas Region, following the cancellation of a competitive tender and the subsequent emergency award of the project to another contractor.

In his judgment, Usiku criticised the CPBN for failing to properly explain why it cancelled the original tender, despite the China Jiangxi International and Homefin joint venture having been selected for the award.

The board initially informed bidders that the tender was being cancelled because it “does not create or achieve the expected outcome”, before awarding the project to Punchu Trading and China State Construction Engineering through emergency procurement procedures on 7 September.

“The conduct of CPBN by not informing the relevant bidders of the real reasons for its intended cancellation of the bidding process, leaves much to be desired,” Usiku said.

The judge said public entities such as the CPBN were required to act lawfully and transparently and to provide clear and correct reasons when cancelling a bidding process.

“By informing the affected bidders that the bidding process is being cancelled because it ‘does not create or achieve the expected outcome’ is as good as not providing reasons at all,” the judgment states.

Usiku warned that proper explanations could prevent unnecessary suspicions, fears and court applications.

The disputed project involves approximately 155 kilometres of fencing along the Orange River and another 30 kilometres between the Klein Menasse and Mata Mata border posts in the //Kharas Region.

It is intended to help contain the spread of FMD from neighbouring South Africa.

The original tender attracted 23 bids, with the China Jiangxi International and Homefin joint venture receiving notification on 18 August that it had been selected for the contract.

However, the CPBN later moved to cancel the bidding process, citing the urgency of addressing the FMD threat in South Africa.

The board told the court that continuing with reconsideration and possible review proceedings would cause delays that could allow the disease to reach Namibia. It said the emergency procurement route was necessary to expedite construction.

The court heard that Punchu Trading and China State Construction Engineering had mobilised tractors, equipment and materials to the relevant sites and had commenced work.

Usiku acknowledged that the original bidder had established a prima facie right to pursue reconsideration of the procurement decision and had demonstrated the risk of irreparable harm if the emergency contractor proceeded.

However, the judge found that stopping the construction would not be appropriate given the escalating disease threat and the work already underway.

“Having taken into account the aforegoing considerations, I am of the view that the balance of convenience does not favour the grant of the interdicts sought,” he ruled.

The application was dismissed, allowing the construction to continue without the interim court order sought by the original bidder.

The judgment does not, however, amount to a finding that the CPBN’s cancellation decision was lawful. The judge’s criticism of the board’s conduct remained a key aspect of the ruling.

The court also ordered each party to bear its own legal costs, citing the CPBN’s handling of the cancellation.

Meanwhile, the newly confirmed outbreak in the Zambezi Region has prompted sweeping restrictions on livestock movement, trade and slaughter.

The DVS said all movement of cloven-hoofed animals and their raw products across the region had been suspended, with all previously issued permits cancelled.

Marketing and trade activities, including auctions, informal markets and local abattoirs, have also been suspended. The slaughter of cloven-hoofed animals at local abattoirs, informal markets and social events has been halted with immediate effect.

Slaughter at export abattoirs may continue under Commodity-Based Trade arrangements, subject to favourable traceability of cattle currently in quarantine.

The ministry has also introduced roadblocks at strategic points to enforce movement restrictions, while emergency vaccination in the affected area has already commenced.

FMD affects cattle, sheep, goats, pigs and susceptible wild animals. Symptoms include blisters and sores around the mouth and hooves, excessive salivation, reluctance to move and loss of body condition.

The DVS has urged farmers and other stakeholders to report suspected cases to their nearest State Veterinary Office and cooperate with control measures.

Intensive surveillance is underway to establish the full extent of the Zambezi outbreak, with further updates expected as more information becomes available.

The confirmation of the outbreak adds pressure to Namibia’s efforts to contain FMD and protect its livestock industry, as authorities enforce restrictions in the north and proceed with the disputed fencing project in the south.