Some two years after having filed the above plea, the plea was extensively amended. In regard to paras 1 to 5 of the particulars of claim it was now only admitted that Dr Mulongeni, at the time the Director-General of the NBC, signed the said agreement but it was denied that he had any authority to do so. It was pleaded that Dr Mulongeni had specific instructions not to conclude such agreement without the approval of the NBC Board of Directors (Board). Dr Mulongeni furthermore cancelled the agreement between the NBC and the Harris Corporation for the supply of the equipment notwithstanding specific instructions from the Board to honour such agreement. Because the NBC is an organ of State the terms of the agreement with Factcrown were also against the public interest. The plea continued to state that the said agreement was also not enforceable for the reasons that Factcrown never tendered for the supply and delivery of the equipment; that it never complied with any tender procedures or specifications; that following the tender procedure the NBC Board awarded the tender to the Harris Corporation and entered into an agreement with it; that Mr Benebo was at all times aware that Dr Mulongeni was not entitled to conclude the agreement with Factcrown without the approval of the NBC Board and without following the tender procedures of the NBC. Although the Factcrown agreement recorded that Factcrown would deliver the equipment and services on the same terms as stipulated for in the Harris agreement this was not the case.
Some two years after having filed the above plea, the plea was extensively amended. In regard to paras 1 to 5 of the particulars of claim it was now only admitted that Dr Mulongeni, at the time the Director-General of the NBC, signed the said agreement but it was denied that he had any authority to do so. It was pleaded that Dr Mulongeni had specific instructions not to conclude such agreement without the approval of the NBC Board of Directors (Board). Dr Mulongeni furthermore cancelled the agreement between the NBC and the Harris Corporation for the supply of the equipment notwithstanding specific instructions from the Board to honour such agreement. Because the NBC is an organ of State the terms of the agreement with Factcrown were also against the public interest. The plea continued to state that the said agreement was also not enforceable for the reasons that Factcrown never tendered for the supply and delivery of the equipment; that it never complied with any tender procedures or specifications; that following the tender procedure the NBC Board awarded the tender to the Harris Corporation and entered into an agreement with it; that Mr Benebo was at all times aware that Dr Mulongeni was not entitled to conclude the agreement with Factcrown without the approval of the NBC Board and without following the tender procedures of the NBC. Although the Factcrown agreement recorded that Factcrown would deliver the equipment and services on the same terms as stipulated for in the Harris agreement this was not the case.
Factcrown%20Ltd%20v%20NBC%20(SA%2035-2011([2014](17%20March%202014).docx