Local firm takes Zesa to court

the awarding of the tender to Nyamezela (Pvt) Ltd citing irregularities.
Nyamezela (Pvt) Ltd was awarded tender for the supply of Single Phase Split Prepayment BS-Type Static Energy Meters.
The State Procurement Board and Zimbabwe Electricity Transmission, Distribution Company and Nyamezela (Pvt) Ltd are listed as respondents in the matter brought to court under a certificate of urgency.
Through its lawyers, Mambosasa Legal Practitioners, BT Critical Power argues that without an interdict, the appeal at the Administrative Court would be overtaken by events.
“The Applicant (BT Critical Power) has a pending appeal in the Administrative Court of Zimbabwe, Harare under case number P100/2012. The basis of the appeal is that tender ZETDC 7/2012 was unlawfully awarded to the third respondent (Nyamezela Pvt Ltd) by the first respondent (SPB). Notwithstanding, the First and Second Respondents are proceeding with awarding the tender and all incidental formalities,” read the application.
“Consequantly, if this process is allowed to proceed unhindered, the aplicant’s appeal will be rendered academic. It is therefore vital that the respondents be interdicted from proceeding and the first respondent be further ordered to file the record of proceedings with the Administrative Court to allow the appeal to be heard.”
In its founding affidavits at the Administrative Court, BT Critical Power claims that Nyamezela Pvt Ltd was awarded a tender to supply 265 000 prepaid meters at a cost of US$136,50 per unit than US$59 per unit per unit it had charged.
The respondents are yet to respond to the urgent chamber application.
The SPB recently cancelled tender awards to Nyamezela (Pvt) Ltd for the supply of prepaid meters for Harare and Bulawayo arguing it had made mistakes in awarding the said tender.
They, however, left Nyamezela (Pvt) Ltd with the tenders to supply the meters for three cities.