BEE company takes Sasol to court over fuel deal

A NAMIBIAN company that was hoping to benefit from a tender to supply Namibia with fuel to the tune of N$800 million a year will today launch a court interdict against the South African oil giant, Sasol, which won the tender.

The Namibia Energy Corporation (Namenco) will ask the High Court to stop Sasol from going ahead with plans to invite other companies to transport the fuel to Namibia, arguing that the South African state company had entered into an agreement with them. Namenco, a black empowerment company involving lawyer Lucius Murorua and entrepreneur Mihe Gaomab, contend that Sasol was planning to sidestep them after they had helped the company to win the tender from the National Petroleum Corporation of Namibia (Namcor).Namenco said Sasol won the tender partly on the strength of their input regarding Namibia’s energy consumption data.”The information supplied by the applicant [Namenco] to the first respondent [Sasol] was critical to the first respondent meeting the requirements prescribed in …the tender conditions,” Murorua states in court papers.Sasol is reportedly disputing that they had an agreement with Namenco, though Murorua’s company say they have an agreement to prove the deal took place.Namenco said the agreement meant that they would be contracted by Sasol to transport the fuel and fuel products to Namibia from Cape Town and Durban.They are now upset that Sasol is throwing the tender open for anyone to become involved, while arguing that the tender was given because of the involvement of a BEE (black economic empowerment partner).The Namenco application for an urgent interdict names the other respondents as Namibia Liquid Fuels, which involves, among others, former trade union leader Ranga Haikali and Secretary to the President Dr Ndeutala Angolo, Namcor and the Namibian Government.Namcor awarded the tender at the end of September.It is a three-year contract beginning in January 2005, and it is new business for Sasol in Namibia at present.The fuel to be supplied by Sasol is only a part of Namibia’s diesel, petrol, paraffin and fuel needs, and the tender is part of a process to get blacks into the oil industry which remains a domain the minority of the population.Namenco, a black empowerment company involving lawyer Lucius Murorua and entrepreneur Mihe Gaomab, contend that Sasol was planning to sidestep them after they had helped the company to win the tender from the National Petroleum Corporation of Namibia (Namcor).Namenco said Sasol won the tender partly on the strength of their input regarding Namibia’s energy consumption data.”The information supplied by the applicant [Namenco] to the first respondent [Sasol] was critical to the first respondent meeting the requirements prescribed in …the tender conditions,” Murorua states in court papers.Sasol is reportedly disputing that they had an agreement with Namenco, though Murorua’s company say they have an agreement to prove the deal took place.Namenco said the agreement meant that they would be contracted by Sasol to transport the fuel and fuel products to Namibia from Cape Town and Durban.They are now upset that Sasol is throwing the tender open for anyone to become involved, while arguing that the tender was given because of the involvement of a BEE (black economic empowerment partner).The Namenco application for an urgent interdict names the other respondents as Namibia Liquid Fuels, which involves, among others, former trade union leader Ranga Haikali and Secretary to the President Dr Ndeutala Angolo, Namcor and the Namibian Government.Namcor awarded the tender at the end of September.It is a three-year contract beginning in January 2005, and it is new business for Sasol in Namibia at present.The fuel to be supplied by Sasol is only a part of Namibia’s diesel, petrol, paraffin and fuel needs, and the tender is part of a process to get blacks into the oil industry which remains a domain the minority of the population.