Businessman Shapwa Kanyama lost his court fight over a medicine contract worth N$1.4 billion. His company, Africure Pharmaceuticals Namibia, failed to win back the deal after appealing to the Supreme Court. Acting judge Dave Smuts rejected the appeal and sided with rival company Cospharm Investments. The ruling confirmed that government officials made the right choice when picking companies to supply medicines. This decision ended a long legal battle that started last year.
The Central Procurement Board first chose Africure for a N$123 million contract to supply medicines to the health ministry. Cospharm Investments complained about being rejected and asked officials to reconsider their decision. The board changed its mind and gave Cospharm a much larger N$1.3 billion contract. Africure received a smaller N$45 million deal after the board reviewed all bids again. The High Court initially ruled that the board broke timing rules when making these changes.
Supreme Court judges decided the board acted properly despite notification delays. For the same medical products, Cospharm offered prices that were N$4.8 million lower than Africure. Judge Smuts said choosing the cheapest qualified bidder follows procurement law requirements. The court emphasized that taxpayers benefit when the government accepts lower-priced offers. Three judges agreed that Cospharm deserved the larger contract because its bid saved money.
The Central Procurement Board first chose Africure for a N$123 million contract to supply medicines to the health ministry. Cospharm Investments complained about being rejected and asked officials to reconsider their decision. The board changed its mind and gave Cospharm a much larger N$1.3 billion contract. Africure received a smaller N$45 million deal after the board reviewed all bids again. The High Court initially ruled that the board broke timing rules when making these changes.
Supreme Court judges decided the board acted properly despite notification delays. For the same medical products, Cospharm offered prices that were N$4.8 million lower than Africure. Judge Smuts said choosing the cheapest qualified bidder follows procurement law requirements. The court emphasized that taxpayers benefit when the government accepts lower-priced offers. Three judges agreed that Cospharm deserved the larger contract because its bid saved money.
