Interdict application

In the interdict application, Menzies’ director Ian van Rooyen said after their contract came to an end in June, they entered into a new contract with NAC, where they have been providing handling services to date. This, Van Rooyen claims, was done as per a special request from NAC. “Any termination of the new ground-handling agreement and the concomitant lease agreements would need to be done pursuant to a reasonable notice period of at least 12 months,” he stated.

Van Rooyen said it is for this reason that they seek to continue rendering handling services at HKIA until such time the court had pronounced itself on the review application.

NAC had on 30 June, the same day the court ordered Menzies’s eviction from HKIA, informed its stakeholders that Menzies would continue providing handling services until further notice. Thus, Van Rooyen claims if the interdict is not granted, it would be detrimental to Menzies if down the line, the court sets aside the tender awarded to Paragon and partner because of an invalid tendering process.

He said the company would have to retrench workers, de-stabilise the site, and move equipment into storage. They also risk losing revenue of N$5.2 million per month. “NAC can’t suffer any inconvenience, as by its own actions it has demonstrated that Paragon is ostensibly not able to perform in terms of the tender. That is why it entered into the current agreement with Menzies,” continued Van Rooyen.

Menzies is still adamant that Paragon and its partner do not have the capacity, and thus cannot safely offer ground-handling services as required. Only Paragon has indicated its intent to oppose the application.