By Sihle Mavuso
The urgent application that was brought before the Pietermaritzburg High Court by a group of service providers to halt the awarding of contracts in the lucrative R2,5 billion KwaZulu-Natal nutrition tender has been struck off the roll for lack of urgency.
The service providers wanted the awarding of contracts to be halted, saying there are ongoing appeals that are being heard.
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They argued that if the provincial department of education is allowed to go ahead, they would be prejudiced and there would be no recourse for them and other aggrieved bidders who unfairly lost out.
In court papers, the applicants further argued that there are allegations of corruption in the tender process. Appeals are currently being heard by the provincial treasury led by MEC Francois Rodgers, and these should be concluded before companies are appointed, they said.
They cited the alleged case of the mother of Education MEC Sipho Hlomuka, who allegedly used a company called Aphigugu Trading to bid for the tenders to supply food to some schools and won, as a classic case of “corruption” and “nepotism” that should be investigated and adjudicated upon before the tenders are awarded.
Hlomuka has publicly confirmed that he used to own the company, but he later passed its directorship to his mother when he assumed political office.
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The applicants also cited the case of a polygamous former ANC youth league leader in the provinces whose two wives allegedly used construction companies to score tenders. There were companies that were registered after the tendering was closed, but were later included and received contracts, the applicants said.
In a replying affidavit filed by Thanduxolo Cele, the director for nutrition in the department, he said that the application was flawed as it sought to interdict the entire process to award tenders, even in clusters where there are no disputes.
He asked the court to dismiss it.
In a statement issued on Friday after the ruling, Hlomuka said this paves the way for the department to continue with the process to award to companies that have been selected.
“This outcome means the Department can continue implementing the programme without disruption, while allowing space for due process to be followed in addressing any outstanding administrative or operational matters. We must reassure all stakeholders — learners, parents, and schools — that working together with committed service providers, the School Nutrition Programme remains fully operational across the province.
“We remain firmly committed to ensuring that there are no interruptions to the programme and learners continue to receive nutritious meals daily. There are ongoing constructive engagements with all stakeholders to ensure that the programme functions optimally,” he said.
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“We will continue to strengthen the implementation of the School Nutrition Programme and address any challenges with urgency and transparency. The KwaZulu-Natal Education Department reiterates its commitment to adhering to all applicable procurement prescripts and regulations in execution of our responsibility toward delivering the School Nutrition Programme as a vital support to teaching and learning,” Hlomuka said.
