SWAZIPHARM REINSTATES E52M CLAIM AGAINST GOVT

MBABANE - SwaziPharm Wholesalers (PTY) Limited has reinstituted the summons wherein it is demanding E52 million from government.
Government will now be required to file a fresh request for further particulars, which SwaziPharm must respond to.

In the fresh summons, the particulars of claim are still the same, save for the number of days within which government is expected to file its notice to defend. In the withdrawn summons, SwaziPharm had given government 14 days to file its notice to defend. In the reinstituted one, it (SwaziPharm) has given government 21 days to file its notice to defend. SwaziPharm Wholesalers (PTY) Limited, which  offers various products, services, pharmaceuticals, disposables and devices, has taken government to court, demanding a sum of E52 901 377.13.

Demands

Government filed a request for further particulars, which contained the five demands to SwaziPharm. In respect of the monies demanded by SwaziPharm, government requested a copy of the tender certificate or approval to supply the medical goods to the Ministry of Health, amounting to E12 857 896.56 and E39 797 095.59, respectively. Government also requested copies of the delivery invoices duly signed by a representative of the Ministry of Health and purchase orders for the medical goods.  

It is further government’s demand to SwaziPharm that it should provide proof of payment of monies towards the settlement of goods procured under the two claims if any relating to the tender approval of such goods. Lastly, SwaziPharm was called upon to provide proof of a bank guarantee to perform in terms of the tender.

Claims

SwaziPharm Wholesalers has made two claims. In the first claim, it was demanding payment in the sum of E12 857 896.56.  The plaintiff averred that it had a contract with government so it supplied in terms of it (contract). The plaintiff claims that the aforementioned amount was in respect of the balance owing on medical goods and supplies purportedly sold and delivered by the company to various medical facilities under government at the latter’s special instance and request between June 2016 and December 2020. The amount, according to SwaziPharm Wholesalers, was now due, owing and payable at nine per cent interest per annum.

Demanding

In the second claim, SwaziPharm Wholesalers is demanding a sum of E39 797 095.59 from government. The money, according to the company, was for goods it sold and delivered at government’s special instance and requests between June 2016 and December 2020. The veracity of these allegations is still to be tested in court. Government will file its answering papers in due course. In total, the amount being demanded by SwaziPharm Wholesalers from government is E52 654 992.15. SwaziPharm Wholesalers is represented by attorneys from Robinson Bertram in the matter.

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