A new court application by Afripharm Investments against the Central Procurement Board of Namibia (CPBN) is challenging the validity of a medical tender, potentially worsening Namibia’s medicine shortages.
Afripharm Investments, owned by Sara Katiti, has filed a court application against the CPBN for awarding a medical tender to 13 entities of which the validity period has allegedly expired.
The application could further delay the tender amid a reported shortage of essential medicines at state hospitals.
According to Afripharm Investment’s affidavit filed with the High Court early this month, Katiti is requesting the court to declare the tender awarded to 13 entities invalid.
The contested tender, which was awarded last month, covers the supply and delivery of pharmaceutical products to the Ministry of Health and Social Services. In her affidavit, Katiti says the tender was originally advertised by the CPBN in 2022.
The tender was initially awarded to 14 entities in April 2023, with Afripharm Investments receiving N$9.5 million.
However, the allocation was subjected to legal challenges, which were heard in both the High Court and Supreme Court. The matter dragged on until May this year.
Katiti’s legal action seeks to have the entire tender process declared null and void, citing concerns over its validity.
She says in terms of section 49 (1) of the Public Procurement Act, a tender remains valid for the period as indicated in the bidding documents, which may not be more than 180 days.
Katiti says Afripharm Investment wrote to the CPBN on 26 August this year, requesting the health ministry to declare the tender null and void.
“On 5 September 2025, the second respondent (Ministry of Health and Social Services) replied to the letter dated 26 August, wherein the second respondent, inter alia, informed the applicant (Afripharm Investment) as follows:
“Please be advised that the ministry (of health) will revert to you as soon as we receive legal advice and recommendations from the Office of the Attorney General.”
Katiti says Afripharm delivered another letter to the CPBN on 15 September, setting out its position on the signing of the procurement contract in respect of the tender.
“In this letter, the applicant (Afripharm Investment) indicated that it did not object to entering into a legally enforceable agreement,” she says.
Because the tender’s bid validity period had expired, Afripharm Investment is keeping its options open about signing the contract at the time, she says.
The company felt it could not sign the procurement contract and risk having illegal or unenforceable obligations until it received official legal clarification from the health ministry and the attorney general.
Katiti says the CPBN wrote to Afripharm on 24 September that in accordance with section 55 (6) of the Public Procurement Act, “Afripharm Investment is hereby given seven days from the date of this letter, thus Friday, 3 October 2025, to sign the awarded contract for the supply and delivery of pharmaceutical products to the Ministry of Health and Social Services”.
She says the CPBN further said in its 24 September letter that “should Afripharm fail to sign the contract within the period specified above, the CPBN shall invoke the provisions of section 55 (7) of the act and advise the Ministry of Health and Social Services to explore alternative sourcing arrangements for Artesunate 60mg PFI (active pharmaceutical ingredient)”.
Katiti says the CPBN on 11 July revised Afripharm’s bid from N$9.5 million to N$11 million.
“On 20 August 2025, the CPBN purportedly resolved to waive the requirement for performance security, thereby exempting successful bidders from the obligation to submit such security,” she says.
CPBN spokesperson Johanna Kambala did not respond to questions sent to her yesterday.
She did, however, say: “Your email is well received and will receive our attention.
Health ministry spokesperson Walters Kamaya was not reachable yesterday. Parliamentarian George Kambala yesterday said there is nothing good about business people taking each other to court.
He said some of the court applications delay the supply of medicines.
“We need to find a way to deal with tender disputes, because they delay medical supply in this country, as some of them are intentional,” he said.
This week, Affirmative Repositioning leader Job Amupanda warned that HIV testing kits along with other essential medications may soon run out completely at public hospitals if urgent action is not taken.
His comments follow months of public complaints about recurring shortages at state facilities.
The Namibian has previously reported that patients and healthcare workers in the Khomas, Omusati and Zambezi regions have said they were struggling to access medication for chronic conditions such as diabetes and hypertension, while some facilities reported shortages of contraceptives, antibiotics and paediatric pain medication.
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