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IRC IN E72M TENDER MESS?

24/05/2015 04:44:00 BY LINDA JELE

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MBABANE – The Independent Review Committee (IRC) of the Swaziland Public Procurement Regulatory Agency (SPPRA) has been caught in a E72 million tender mess in its first sitting.

The IRC has stopped the construction of the Matsapha Industrial Estate Phase II which is being carried out by Heptagon after a review application filed by Roots Civils. The IRC, chaired by lawyer Lucky Howe with members Titus Mlangeni and Elijah Simelane popularly known as ED Simelane, which was sitting for the first time since the establishment of the SPPRA in 2013 has had to deal with the review which has been riddled with a number of complaints by Heptagon in the manner the matter was handled.

respondents

The Ministry of Commerce, Industry and Trade, Central Tender Board and Heptagon Construction were cited as respondents in the review.
The IRC issued an order that Tender 59 of 2014 for the construction of the industrial estate is set aside because there were irregularities. It further ordered Heptagon to stop construction and move out of the site.

The marathon case started at the High Court in 2014 when Roots Civils wanted the tender awarded to Heptagon stopped, arguing that it was the same tender which had been awarded to it sometime in 2008, but it was stopped because government did not have a budget for the case.
However, the acting Chief Justice, Bheki Maphalala, who was sitting as a High Court Judge at the time, dismissed the application on the grounds that the two tenders were separate.

Judge Mumcy also dismissed Roots Civils’ application on similar grounds as Maphalala’s and the matter is now pending before the High Court.
complaints
When the matter appeared before the Independent Review Committee, a number of complaints were raised by Advocate Mduduzi ‘Tsotsi’ Mabila and lawyer Lwazi Kunene from the Attorney General’s office. Lawyer Sidumo Mdladla appeared on behalf of Roots Civils.