Namibia: Contractor Disconnects School Sewer Pump Over Non-Payment

18 March 2024

Rundu — A contractor on Thursday disconnected the sewer pump at Max Makushe Senior Secondary School because of non-payment by the directorate of education.

The contractor had constructed a sewage pond at the school in 2021 for which he is claiming payment of close to N$1 million.

The Max Makushe school is in the Mukwe constituency, and more than 800 pupils at the school have been affected.

Contractor Empire Sense Investments CC, through their lawyer Bernhard Tjatjara, had given the directorate an ultimatum that failure to pay for the work in seven days would result in services being cut off, and the school and its hostel population would not be able to make use of the toilets as the sewer water would be cut off from flowing to the new pond.

"We went to disconnect," confirmed a source employed by the contractor, but who refused to give his name.

The seven days lapsed on 6 March, and when the contractor cut the school off, they promised to pay the next day. A week passed, but the directorate has not paid yet. The contractor confirmed that they will wait until money reflects in their account, which is the only time that they will reconnect the services.

"On 26 November 2021 at Rundu, our client duly, represented by Gellah Katangah Nghishakenwa Ndangoh, the Kavango East Regional Council represented by Martin Shapumba, and the Ministry of Works and Transport and Ministry of Education, Arts and Culture represented by LK Kuyelayela, entered into a partly-oral and partly-written agreement in terms of which the contractor was required to carry out emergency extension and repairs to overflowing and dilapidated sewerage ponds at Max Makushe Senior Secondary School," Tjatjara said in the letter.

"The contract required that the contractor should replace damaged fencing and debushing. But after completion (of the work), a misunderstanding arose, which has led to the ministry not paying for the service since 2021," he added.

Tjatjara told the directorate that his client has rendered the services as agreed, and there is an outstanding payment of N$905 848.46 which the Ministry of Education, Arts and Culture and/or the Kavango East Regional Council is refusing to pay.

"Our client proposes that we resolve this matter amicably that the ministry pays the outstanding amount of N$905 848.46.

We further hold instructions that within 7 (seven) days from the date of receipt of this letter, our client will suspend the services it provided to the Max Makushe Senior Secondary School by closing the provision of water to the sewerage pond, if payment for the services remains unpaid," the lawyer stated in the letter sent to the ministry.

The contractor complained that he hired equipment and outsourced some services, as well as took out loans to execute the emergency project, which has now accrued interest that he is not sure he will be able to pay. Acting director Christine Shilima refused to comment, stating "I don't want to be quoted, contact the regional council". Efforts to contact the council proved futile.

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