The Sunday News
Peter Matika, Senior Reporter
THE High Court of Zimbabwe in Bulawayo has dismissed an urgent application by safari operator Lodzi Hunters and Safaris, which was challenging a decision by Tsholotsho Rural District Council to award a tender for the annual quota in its hunting concession to rival company Matupula Hunters.
The ruling by Bulawayo High Court judge Justice Martin Makonese followed an urgent chamber application by Lodzi Hunters through its lawyers, Ncube Attorneys, seeking an order barring Tsholotsho RDC from putting into effect the contract awarded to Matupula Hunters in the Tsholotsho North concession area.
In his founding affidavit, Lodzi Hunters and Safaris director Mr Paradzai Nemashakwe accused Tsholotsho RDC of not following the proper procurement procedures, saying they did not comply with the law.
“The first respondent (Tsholotsho RDC) did not declare the price/value of the contract awarded, as it is a requirement of the law,” he said.
Mr Nemashakwe said they were not satisfied with the decision of the procurement entity, as they dispatched an application to Tsholotsho RDC within the stipulated 14-day period.
“The quandary is that before the expiration of the 14-day period prescribed by the law, Tsholotsho RDC and second respondent (Matupula Hunters) have sat to consummate and operationalise the contract so awarded by the first respondent,” he said.
Mr Nemashakwe said their application was timeously submitted to Tsholotsho RDC in the interest of fairness, accountability and transparency to protect the integrity of public procurement processes. Justice Makonese however, ruled that the matter was not urgent and struck it off the roll.
“It is ordered that the matter is not urgent and is removed from the roll of urgent matters with no order as to costs,” he said.
Lodzi Hunters and Safaris a fortnight ago filed the urgent chamber application at the High Court in Bulawayo, citing Tsholotsho RDC and Matupula Hunters as first and second respondents.
Matupula Hunters in its opposing affidavit, through the financial director Mr Marc Jones said Lodzi Hunters had no right to challenge the tender process before the court, arguing that the challenges were to be determined by the review panel.
“There is nothing else of any substance alleged in the challenge. Reference to alterations of minutes and the issue of sealing of envelopes are of no prejudice to the applicant. The applicant failed to demonstrate any irreparable harm that it would suffer if its interdict was not granted,” he said.
In 2017, Matupula Hunters challenged the issuing of hunting permits to Lodzi Hunters to hunt elephants on a land exclusively leased to it by Tsholotsho RDC. Lodzi Hunters and Safaris were tasked to hunt elephants in Tsholotsho North to fund the construction of a football stadium.
Both companies were legitimate holders of permits in the Tsholotsho North and South areas respectively and had been locked in a dispute over the hunting rights of elephants in Tsholotsho North. Matupula Hunters contested the decision by Tsholotsho RDC to give Lodzi Hunters and Safaris a permit to conduct elephant hunting in the same area in which it has exclusive safari rights for a period of five years.
