Supplier takes TransNamib to court
15 December 2017 | Justice
Rodney Hanganda submitted an urgent application at the high court to force TransNamib Holdings to pay approximately half a million dollars due to his company, RMH Logistics.
Hanganda instructed his lawyer, Gilroy Kasper, to demand payment from TransNamib in June already, without any success.
“I have applied for an interdict to stop and remove the fuelling pump systems I installed in Tsumeb, Otjiwarongo and Walvis Bay in 2016. This could cause serious problems for TransNamib and result in rail operations coming to a complete halt.”
TransNamib’s manager for health and safety, Dawid Tjombe, allegedly instructed RMH Logistics to provide three temporal diesel pumps since it was found that the existing diesel systems are in an undesirable state whereby loss of diesel was counted due to spills.
Kasper confirmed he had submitted the application on behalf of Hanganda and said a court date was set for today.
According to Hanganda his workers visited the site in Walvis Bay on Thursday to switch off the pumps and remove the diesel storage tanks installed by his company as part of a N$60 million contract.
“The installed products belong to RMH Logistics until it’s fully paid for by TransNamib. They are renting the equipment from me and have not ceased from using it.”
Hanganda alleges that problems suddenly started arising when he submitted the invoice for payment of N$423 999.25 for the two pumps he delivered to TransNamib in August.
The acting CEO of TransNamib, Ferdinand Ganaseb, allegedly refused to pay the money due to him.
“He reasoned that TransNamib never had any contract with me to supply the pumps despite an appointment letter made out in the name of my business, RMH Logistics, which I received from Tjombe.”
Ganaseb said he was not aware of the fact that Hanganda was taking TransNamib to court for failure to pay him. He agreed that the equipment belonged to Hanganda until TransNamib had paid for it.
“If they go and remove any equipment from the premises of TransNamib they will be locked up. There is also a lot more to this story.”
Tjombe confirmed that diesel spills at the depot in Walvis Bay resulted in the contamination of underground seawater. He said a decision was taken a year ago to commence with the rehabilitation process of the area and Hanganda and his company received this tender.
He explained that the existing TransNamib pumps had aged considerably over the years. This resulted in pollution and diesel spills and the pumps could no longer be utilised. He pointed out that health and safety requirements require that the leakage should be stopped first before rehabilitation work of the whole process commences.
“That’s why the old pumps that resulted in spillages and waste of diesel were removed and replaced with temporal pumps to prevent further contamination.”