BCC de­fies Govt di­rec­tive

Chronicle (Zimbabwe) - - National News - Aux­ilia Ka­ton­go­mara Chron­i­cle Re­porter

THE Bu­l­awayo City Coun­cil has de­fied a Gov­ern­ment di­rec­tive to dis-en­gage a con­demned sup­plier who has failed to de­liver a cre­ma­tor since 2014.

The lo­cal au­thor­ity in 2013 en­gaged Masen En­gi­neer­ing to sup­ply a cre­ma­tor at West­park Ceme­tery and the com­pany is yet to de­liver.

The Min­istry of Pub­lic Works and Na­tional Hous­ing, in an in­ves­tiga­tive re­port, or­dered coun­cil to claim its money from the in­sur­ance com­pany since the con­trac­tor failed to sup­ply within the spec­i­fied time.

In­stead, coun­cil, ac­cord­ing to the lat­est re­port, has de­cided to pay off the re­main­ing $20 000 to Masen En­gi­neer­ing for the sup­ply of a cre­ma­tor.

Masen En­gi­neer­ing has re­quested that coun­cil as­sist it in set­tling its le­gal fees in or­der to get the cre­ma­tor and coun­cil has ap­proved the re­quest.

“The Town Clerk (25th Oc­to­ber, 2016) re­called that Coun­cil had ten­dered for the sup­ply, in­stal­la­tion and com­mis­sion­ing of a cre­ma­tor at West­park Cre­ma­to­rium.

“The ten­der was awarded to Masen En­gi­neer­ing Pri­vate Lim­ited in the sum of $121 400. Coun­cil paid an ad­vance pay­ment of $97 120 and Masen pro­vided a per­for­mance guar­an­tee for the same from Ex­cel­lence In­sur­ance Bro­kers.

Un­for­tu­nately the con­trac­tor failed to de­liver the cre­ma­tor within the agreed pe­riod.”

The re­port shows coun­cil was in­formed by its lawyers, Ma­joko and Ma­joko that the cre­ma­tor was in­deed pur­chased but was stuck in Dur­ban be­cause the sup­plier had not sent a Bill of Lad­ing in­di­cat­ing that the cre­ma­tor was goods in tran­sit and SARS was now de­mand­ing duty from the con­trac­tor.

“The wran­gle be­tween Masen, SARS and the ship­ping com­pany spilled into the courts. The Bill of Lad­ing was even­tu­ally sent and the stor­age charges were cleared. How­ever, be­cause the mat­ter ended up in court, the out­stand­ing is­sue was the le­gal costs in the sum of R120 000,” reads the re­port.

“Man­age­ment had a meet­ing with Mr Ma­joko on Thurs­day the 20th Oc­to­ber 2016 and he had as­sured them that the cre­ma­tor was there but the con­trac­tor now re­quired as­sis­tance to pay off the le­gal costs and have the cre­ma­tor re­leased.”

It is stated in the re­port that man­age­ment was of the view that coun­cil should pay the out­stand­ing costs so that the cre­ma­tor could be re­leased and the amount would be de­ducted from the $20 000 still out­stand­ing so that it could mit­i­gate its loss.

“Coun­cil re­solved to rec­om­mend that it pays the out­stand­ing costs ($20 000) to Masen En­gi­neer­ing (Pvt) Ltd so that the cre­ma­tor can be re­leased. This amount to be de­ducted from the out­stand­ing bal­ance.”

The Min­istry in its re­port rec­om­mended that the lo­cal au­thor­ity should en­gage con­trac­tors with fi­nan­cial ca­pac­ity to de­liver.

“Coun­cil should in­voke liq­ui­dated dam­ages to the con­trac­tor. Coun­cil should claim from Ex­cel­lence In­sur­ance Com­pany,” reads the Min­istry’s re­port.

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