By 
The High Court has quashed the decision of the Ministry of Tourism and Arts Permanent Secretary, Evans Muhanga, which cancelled the tender for the granting of Safari hunting/photographic tourism concessions in 19 hunting blocks.
Lusaka High Court Judge, Sharon Newa, ruled that the Permanent Secretary (PS)’s decision dated May 4,2022, was illegal because only the procuring entity, which is Wildlife Management Licencing Committee have the jurisdiction to cancel hunting concession agreements.
Read more: Executor discontinues legal battle over late President Mwanawasa’s retirement house
“The applicants having succeeded on the grounds of illegality, procedural impropriety, and that the decision was null and void, irrationality/unreasonableness, and legitimate expectation, I accordingly issue an order of certiorari, quashing the decision of the PS of the Ministry of Tourism ana Arts dated 4th May, 2022, which cancelled the tender for the hunting of safari hunting/photographic tourism concessions in the 19 hunting blocks in the various game management areas MTA/SP/001/20,” ruled the judge.
Justice Newa issued an order of mandamus compelling the Attorney General to facilitate the signing of the hunting concessions with the applicants.
She further issued an order preventing the State or its agents from re-advertising the said tender.
The Judge declared that the litigants did adhere to the law and regulations governing the procurement of the tender.
Background to this matter, Zambia Community Resources Board Association and four safari companies, sought judicial review seeking an order quashing the decision of the PS.
The four safari companies are; Mopane Safaris Limited, Kwalata Safaris Limited, MVU Safaris Limited and Ntengu Safaris Limited.
The five applicants contended that the said decision by the PS to cancel the legitimately awarded safari hunting/photographic tourism concessions was illegal, null and void ab inition for breach of sections 7,48,54 and 57 of the Zambia Wildlife Act no.14 of 2015 which gives the power to cancel hunting concession agreements to the Wildlife Management Licencing committee, and not the PS.
They argued that the PS violated section 69(1) of the Public Procurement Act which permitted a procuring entity to terminate procurement proceedings at any stage prior to notification of the contract award.
In opposition, the State represented by the solicitor General, Marshal Muchende, argued that the tendering process, including cancellation of a tender is done under the Public Procurement Act no.8 of 2020 by the Ministerial Tender Committee, as was done in the matter before court.
The State however did agree that under section 69 (10 of the Public Procurement Act no.8 of 2020, a procurement entity had power to cancel procurement proceedings at any time preceding to notification of a contract award.
Justice Newa in her judgement rendered on May 12,2023, agreed with the applicants that the procuring entity in this case was the Wildlife Management Licensing Committee.
She said that the decision to terminate the procurement meetings was made at a meeting by the Ministerial Tender Committee held on April 29,2023. and chaired by the PS.
“ In this case, the director of National Parks and Wildlife could only have made the request for cancellation of the procurement proceedings for the consideration of the Wildlife Management Licencing Committee, which is the procuring entity, and not the Ministerial Procurement Committee ,as it was devoid of jurisdiction to exercise the powers of cancellation of the procurement proceedings,” she held.
Judge Newa therefore ruled that the said decision was illegal.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments