Menzies Aviation will continue to provide ground-handling services at Windhoek International for another month pending the outcome of its lengthy legal dispute with the Namibian Airports Company (NAC) in the Namibian High Court.
This follows a hearing on July 4, whereafter the court postponed the matter to August 4, 2023, but indicated it would strive to hand down the judgment earlier.
Menzies, the ground handler at Windhoek International since January 1, 2014, is contesting the NAC's decision in 2022 to award the contract to Paragon Investment Holdings (Pty) Ltd, a joint venture with Ethiopian Airlines. According to the NAC, Menzies' bid was disqualified based on non-compliance with certain tender conditions. Menzies took the matter to a review panel under Namibia's Public Procurement Act, but the review was dismissed in February 2022. Consequently, the NAC terminated Menzies' contract effective April 30, 2022. Menzies disputed the lawfulness of the notice, which the NAC withdrew but insisted on the June 30, 2022, termination date in the original agreement with Menzies.
On May 27, 2022, NAC launched an urgent court application seeking a declaratory order that Menzies' contract would end on June 30, 2022, and that Menzies would vacate premises at Windhoek International to Paragon. On June 29, 2022, the Namibian High Court ruled in favour of the NAC and ordered Menzies to leave the premises on June 30, 2022.
An appeal by Menzies in the Namibian Supreme Court was dismissed with costs on April 19, 2023.
The NAC subsequently announced that Menzies would cease ground handling operations at Windhoek International on June 12, 2023, and that Paragon would commence its services on June 13, 2023.
However, on June 12, Menzies instituted urgent court proceedings in the High Court seeking suspension of the court order on legal technicalities. The court reserved judgment and postponed the matter to June 15, 2023, then to July 4, and now to August 4.
