9 months ago
RedForce wins TransNamib multimillion-dollar tender fight
Redforce Debt Management has successfully fended off a legal challenge of its tender to collect N$48 million in debt on behalf of TransNamib.
This follows legal action taken by rival firm Qaurtile Debt Collection.
In his ruling, High Court justice Thomas Masuku has determined that the applicant lacked urgency.
The court this week concluded that Qaurtile did not immediately approach it soon after hearing that the award had gone to RedForce on 8 April this year, and only brought its application 22 days later.
“The period between 10 and 30 May 2025 is totally unexplained. This failure on the part of the applicant cannot go unnoticed and unpunished. It has been stated time and again that a party who approaches the court on urgency seeks the concurrence of the court in that party, jumping the queue in colloquial terms.
“For the court to be party to this enterprise, which inevitably affects other litigants, who have lodged their cases earlier, there must be a good, full and compelling explanation why the applicant did not approach the court as soon as the cause of urgency arose,” Masuku said.
The court has also refused to entertain other legal matters in Qaurtile’s application.
“I find it unnecessary to consider the other legal issues that arise, because failure to overcome the hurdle of urgency, in this matter, renders it superfluous for the court to consider the other relief sought at this point.
“As a result, it is unnecessary to consider the question whether or not the applicant failed to exhaust domestic remedies provided by the act and the question of whether or not this is an appropriate case in which to grant an interim interdict,” Masuku said.
Qaurtile Debt Collection had petitioned the High Court to declare RedForce’s contract unlawful and void, claiming the debt-recovery tender was awarded through an unfair process that denied it a legitimate opportunity to compete.
TransNamib had awarded the contract to RedForce two months ago through a request for proposals from its list of pre-approved service providers.
“We are happy that we can move on with work . . . there are no hard feelings,” RedForce chief executive Julius Nyamazana said this week.
Qaurtile had argued that the value of the contract exceeded the procurement threshold and should have gone through an open public bidding process.
Despite the legal challenge, RedForce had already begun recovering the outstanding debt.
Court documents revealed the company had recouped N$4 million between 4 April and 7 May this year.
In handing down judgement, Masuku dismissed Qaurtile’s application and ordered it to pay the costs for the application to both TransNamib and RedForce Debt Management.
The case has been struck from the roll.
TransNamib did not immediately comment yesterday.
“I just need to get feedback from the procurement and finance department and get back to you,” said spokesperson Kendall Swartz.
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#RedForce #TransNamib #DebtManagement #TenderWin #LegalChallenge
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