OK Foods, one of only two food retailers in Lüderitz, is seeking the High Court's assistance to get its store up and running again after it was shut down by the municipality for failing a health inspection. The company is claiming the municipality has no right to arbitrarily suspend business operations of its store at the detriment of the clients and workers, who face retrenchments.
The store manager, Hannelie De Lange, said as a result of the closure by the municipality, the store owes creditors more than N$6.6 million.
She said not only is the store suffering financially, but the municipality's actions are also causing harm to its reputation, and it is at risk of losing public confidence as a reliable service delivery shop.
"For numerous years, the respondents (municipality) did not bother to conduct inspections on the applicant's business and knowingly permitted it to operate undisturbed," said De Lange.
The company wants the court to declare the store's closure by the municipality unlawful.
It also wants the court to order the municipality to consider the application to renew its certificate of registration and fitness certificate.
According to court documents, the food store was first shut down by the municipality on 5 April after an inspection that was conducted in March.
The store opened its doors on 14 April - only to be closed again on 17 April.
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According to the town's CEO, Otto Shipanga, the store has been operating without a valid fitness certificate and business registration since 1 April 2019.
Upon an inspection conducted at the store premises, pest infestations, such as rat droppings and urine smell were observed. There was also pest infestation on food, and some food packages were damaged by rats.
The municipality also received numerous complaints from members of the public about the hygiene of the store.
"The findings concluded that there is a high possibility of food contamination due to rodents... the consumers were at risk of consuming food that is unfit for human consumption," said Shipanga.
He said the store was told to rectify issues, such as conducting proper cleaning on the floors, freezer chilling rooms and staff toilets. They were also told to remove all cats, dead rodents and faeces from the premises and repair broken tiles in the bakery.
The municipality also demands the store closes potholes at the entrances of the freezer and chill rooms, and compile a cleaning roaster.
He said all these need to be done before the store can be opened.
The case is currently before Windhoek High Court judge George Coleman.
