The Port Elizabeth High Court case between Metro Security Services and the Nelson Mandela Bay Municipality has been postponed to the 24 November 2011, where arguments will be made relating to whether documents that Metro Security are requesting from the municipality can be released to them.
The Nelson Mandela Bay municipality, in their heads of argument, claim that the documents contain privileged information, but this matter is being disputed by Metro Security Services.
In a brief appearance in front of Acting Judge Albert Beyleveld today, Metro Security Services advocate, Richard Quinn SC, argued that the documents, an internal audit report and corresponding in-house legal opinion relating to the security tender, should be released to the court and the various legal representatives, so that the matter of their privilege can be debated and a ruling can be made by the court.
Advocate Richard Buchanan SC agreed and the documents were released to the court and to Metro Security Services legal counsel, although an undertaking was given that the documents would not be released to Metro Security Services. Buchanan also requested that the November hearing be held in closed session.
The court case between Metro Security Services and the municipality has been dragging on since May last year, at significant cost to ratepayers, after the company was initially awarded security tender 45/5 in January last year – to provide security services to the municipality for a three year period valued in excess of R90million – only to have the awarding of the tender withdrawn a few days later, citing that acting municipal manager, Elias Ntoba, had not signed off on the awarding of the tender.
“Following unsuccessful negotiations to have the matter resolved and the tender finalised, Metro Security Services were forced to seek legal recourse on the matter, and have been locked in an ongoing legal battle with the municipality to gain clarity over why the tender was withdrawn and to have the issue finalised ever since,” said Metro Security Services director, Kaashief Niekerk.
An original Port Elizabeth High Court Order, made on the 6 May 2010, gave the municipality 14 days to finalise the tender contract. However, instead of doing so, Ntoba referred the matter back to the bid adjudication committee, without providing any reason for doing so.
