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May 3, 2019

2 min read

Court battle over fleet tender on May 10

Court battle over fleet tender on May 10

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The Commercial Court will on May 10, 2019 hear a case in which Fleeters Holdings (PTY) LTD is challenging a contract between the government of Lesotho and Fleet Africa/Silverstone joint venture.

Fleeters Holdings wants the court to stay the contract between the two parties until finalisation of the case. Appearing before Judge
Lebohang Molete on Monday this week, lawyers for the six respondents and of the applicant were ordered to prepare their court papers and file them before the court in order to resume with the hearing on Friday, May 10, 2019.

Representing the applicant, Attorney Khotso Nthontho explained to the court that he is ready to argue that the application is urgent and should therefore be treated as such after which the court will make it ruling on whether or not its urgent, he will argue the application in totality.Advocate Christopher Lephuthing for the first to the sixth respondents countered and explained to the court that not only should urgency be argued on the day as respondents lawyers already raised some objections to the points of law raised by the applicant.

Advocate Lephuthing indicated that each and every point raised is good enough to have the entire application dismissed if the court rules
in their favour and also highlighted that procedural jurisdiction should also be argued at the same time with urgency. He also indicated that the applicant does not have a right to be before court as it tendered as a joint venture with an Israel company and cannot come before court alone without the other partner.
 

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Asked by Judge Molete why the government would want to proceed with signing the contract that is been contested, Advocate Lephuthing
indicated that after losing a lot of money through short term contracts of fleet services used by the government from 2015, the government that currently does not have money decided to save money by engaging fleet management services company through long term contracts and decided to award the contract to Fleet Africa/Silverstone joint venture and the contract is yet to be signed. However, Judge Molete indicated that he commends the government for implementing strategies to save money but highlighted such measures should be done within the parameters of the law.

In the meantime, after the Judge announced that the court will hear the case on May 10, Attorney Nthontho rose up and asked whether the court is granting his plea that the contract between the government and Fleet Africa/Silverstone be stayed pending the finalisation of the application but Judge Molete said all will be dealt with on May 10. Other respondents include Principal Secretary in the Ministry of Finance, Minister of Finance, Tender Panel of the Ministry of
Finance and the Attorney General.

Lena

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