Mashudu Netsianda, Senior Court Reporter

ANOTHER safari operator that lost a tender to carry out safari hunts at Tsholotsho North concession area has approached the High Court challenging a decision by Tsholotsho Rural District Council to award its annual quota to a rival company.

Sitatunga Zimbabwe, through its lawyer Mr Nqobani Sithole of Ncube Attorneys, filed an urgent chamber application seeking an order interdicting its rival, Matupula Hunters from continuing with hunting activities, arguing that there was no transparency in the bidding process.

In papers before the court, Tsholotsho RDC, Matupula Hunters and the Procurement Regulatory Authority of Zimbabwe (PRAZ) were cited as respondents. 

The dispute emanates from a tender flighted by Tsholotsho RDC in March this year inviting tenders for a hunting concession in an area under its jurisdiction, which was ultimately awarded to Matupula Hunters.

In his founding affidavit, Sitatunga Zimbabwe director, Mr Goldwater Lukuta, said the hunting concession under tender number TRDC 03/19 was set aside by the PRAZ on account of irregularities in the proceedings after another losing bidder Lodzi Hunters had expressed dissatisfaction with the process and procedures used by Tsholotsho RDC in determining the outcome.

Mr Lukuta said Matupula Hunters cannot be allowed to continue with hunting activities following the decision by PRAZ to set aside the proceedings.

“On 18 and 19 June 2019, review panel set up by the PRAZ in terms of the Public Procurement and Disposal of Public Assets Act and operating in terms of the General Regulations (2018), as a procuring entity, determined the Lodzi Hunters versus Tsholotsho RDC matter by setting aside, in their totality, the procurement proceedings of the Tsholotsho North hunting concessions tender number TRDC 03/19,” he said.

“The decisions of the third respondent (PRAZ) review panel as a procuring entity are binding on first respondent (Tsholotsho RDC).”

Mr Lukuta argued that Tsholotsho RDC failed to appeal against the decision of the PRAZ’s review panel within the stipulated time in terms of the procurement law and regulations, a reflection that it was content with that decision.

He said Tsholotsho RDC trashed the decision of the PRAZ’s review panel by authorising Matupula Hunters to undertake hunting safaris in its concession area.

“However, on 3 July 2019, the first respondent authorised second respondent (Matupula Hunters) to proceed in carrying out hunts of elephants in the Tsholotsho North concession area. Such award having been made without it being put to tender and in terms of the procurement laws. The second respondent has thus avoided bidding for the Tsholotsho North hunting concession but has been awarded such concession outside the tender process in violation of the procurement law,” he said.

Mr Lukuta wants a prohibitory interdict barring Matupula Hunters from carrying out hunting activities on the basis that it is unlawful.

“First and second respondents have thus contracted illegally to the dispose of public assets by private treaty in circumstances where it is intended to shut out competition by other interested bidders. The two respondents have contracted outside the prescripts of the national procurement law, with intent to defeat the very purpose and ends of that law,” he said.

Mr Lukuta said his company was waiting for an opportunity to re-tender for the Tsholotsho North concession hunting tender in a fair, competitive and transparent manner.

“We have commercial interests in securing the Tsholotsho North hunting tender and therefore our interests stand to be prejudiced or injured by the first and second respondents’ illegal activities. Matupula Hunters is already armed with an illegally procured authority from Tsholotsho RDC to hunt and will commence hunting and killing animals on 27 September 2019 and this illegality needs to be put to an urgent halt,” he said. 

In May, Bulawayo High Court judge, Justice Martin Makonese dismissed an urgent application by Lodzi Hunters which was also challenging Tsholotsho RDC’s decision to award a tender for the annual quota in its hunting concession to Matupula Hunters.

Lodzi Hunters sought an order barring Tsholotsho RDC from putting into effect the contract awarded to Matupula Hunters at Tsholotsho North concession area. 

In 2017, Matupula Hunters challenged the issuing of hunting permits to Lodzi Hunters to hunt elephants on a piece of land exclusively leased to it by Tsholotsho RDC.

Lodzi Hunters was tasked to hunt elephants in Tsholotsho North to fund the construction of a football stadium. 

Lodzi Hunters and Matupula Hunters were both legitimate holders of permits in the Tsholotsho North and South areas respectively and had been locked in a dispute over the hunting rights of elephants in Tsholotsho North. —@mashnets