The Sunday News
Tinomuda Chakanyuka Sunday News Reporter
SIX security firms are locked in a legal battle over the awarding of a tender worth over $1 million by the State Procurement Board for the provision of security services to mobile phone operator NetOne.
Crush Security (Pvt) Ltd, Cobra Security (Pvt) Ltd, Peace Security, Nokel Security Services (Pvt) Ltd, Homeguard Security Services (Pvt) Ltd, and Kadison Security (Pvt) Ltd have been wrangling over the tender since August last year.
The tender, number NETONE/SEC/01/13, is worth $1 056 592.
After the tender was flighted all six security companies tendered their bids but only four companies, Peace Security, Nokel Security Service, Homeguard Security Services and Kadison Security were awarded the tender.
Crush Security and Cobra Security, who had been providing security services to NetOne, prior to the flighting of the tender, lost the bid.
The two losing bidders, however, felt hard done by the State Procurement Board’s decision and on 29 August last year filed an appeal with the Administrative Court seeking reversal of the awarding of the tender.
Sunday News is in possession of copies of the appeal dated 29 August 2013.
Crush Security and Cobra Security through their lawyers Mushonga, Mutsvairo and Associates made their appeal on the grounds that the other four security companies had under charged their services and contravened the Security Guards Control Act as read with Statutory Instrument 180 of 2010.
Peace Security, Nokel Security Services, Homeguard Security Services and Kadison Security, the State Procurement Board and NetOne were cited as respondents in the appeal.
Administrative Court Judge Mr Hebert Mandeya on 21 March 2014 ruled in favour of Crush Security and Cobra Security.
In handing down judgment, Justice Mandeya sitting with assessors only identified as Mr S Mhiribidi and Mr P Machaya said, “In this case the respondents do not really dispute having bidded prices below the statutorily prescribed minimum. It follows they violated the law. The award of the bids to them is accordingly set aside.”
Copies of the Administrative Court’s judgment dated 21 March 2014 are in Sunday News’ possession.
The Administrative Court’s ruling saw Crush Security and Cobra Security being awarded the tender to provide security services to NetOne country wide.
However, in a new turn of events, Nokel Security Services has since lodged a Supreme Court appeal against the Administrative Court’s judgment seeking to overturn the judgment with costs.
Crush Security, Cobra Security, the State Procurement Board chairperson Mr Charles Kuwaza, NetOne, Peace Security, Homeguard Security Services and Kadison Security have all been cited as respondents in the Supreme Court Appeal.
Nokel Security want the Administrative Court’s judgment set aside, contending that their winning bid did not violate the law as noted by Justice Mandeya.
The security company also argues that the Administrative Court handed down a blanket judgment to all respondents, oblivious to the fact that Crush Security and Cobra Security had confined their case to Peace Security, Homeguard Security Services and not Nokel.
“The court erred in coming to the conclusion that the appellant’s winning bid violated the law and in not setting out in what way it supposedly violated the law.
“The judgment of the court is irregular to the extent that it can be construed as giving the false impression that appellant conceded that its winning bid was lower than the statutory minimum given that no such concession was made by appellant and no basis existed for any such concession,” the company’s Supreme Court appeal reads in part.
The matter is yet to be heard before the Supreme Court.
