REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: A 200/2014 In the matter between: PREMIER CONSTRUCTION CC APPLICANT and CHAIRPERSON OF THE TENDER COMMITTEE OF THE NAMIBIA POWER CORPORATION BOARD OF DIRECTORS FIRST RESPONDENT CHAIRPERSON OF THE NAMIBIA POWER CORPORATION BOARD OF DIRECTORS SECOND RESPONDENT NAMIBIA POWER CORPORATION (PTY) LTD THIRD RESPONDENT AMA ENGINEERING AND CONSTRUCTION CC FOURTH RESPONDENT EMIRATES TRADING CC FIFTH RESPONDENT Neutral citation: Premier Construction CC v Chairperson of the Tender Committee of the Namibia Power Corporation Board of Directors (A 200/2014) [2014] NAHCMD 270 (17 September 2014) Coram: PARKER AJ Heard: 22 August 2014 Delivered: 17 September 2014 Flynote: Practice Applications and motions Interim relief pending review – – application In review application applicant alleging violation of art 18 in relation to it – In instant application applicant alleging of – ‘prima facie infringement applicant’s Court held that it is a constitutional imperative under the Namibian rights’ – Constitution that onus of proof on applicant who alleges violation of his or her constitutional basic human rights And proof should be conclusive proof Court – – held further that third respondent bears no onus of proof Consequently, court – concluded that to ask the court to accept that there has been prima facie infringement until proved otherwise has the effect of setting at naught without
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: A 200/2014 In the matter between: PREMIER CONSTRUCTION CC APPLICANT and CHAIRPERSON OF THE TENDER COMMITTEE OF THE NAMIBIA POWER CORPORATION BOARD OF DIRECTORS FIRST RESPONDENT CHAIRPERSON OF THE NAMIBIA POWER CORPORATION BOARD OF DIRECTORS SECOND RESPONDENT NAMIBIA POWER CORPORATION (PTY) LTD THIRD RESPONDENT AMA ENGINEERING AND CONSTRUCTION CC FOURTH RESPONDENT EMIRATES TRADING CC FIFTH RESPONDENT Neutral citation: Premier Construction CC v Chairperson of the Tender Committee of the Namibia Power Corporation Board of Directors (A 200/2014) [2014] NAHCMD 270 (17 September 2014) Coram: PARKER AJ Heard: 22 August 2014 Delivered: 17 September 2014 Flynote: Practice – Applications and motions – Interim relief pending review application – In review application applicant alleging violation of art 18 in relation to it – In instant application applicant alleging ‘prima facie infringement of applicant’s rights’ – Court held that it is a constitutional imperative under the Namibian Constitution that onus of proof on applicant who alleges violation of his or her constitutional basic human rights – And proof should be conclusive proof – Court held further that third respondent bears no onus of proof – Consequently, court concluded that to ask the court to accept that there has been prima facie infringement until proved otherwise has the effect of setting at naught without