by Linda Straker
- Court granted interim relief to remove certain clauses in contracts signed with vendors
- 14 days to file judicial review proceedings
The lawyer for a water producing company which is challenging the process of how an exclusive right was granted to a competing company for shows organised by the Spicemas Corporation (SMC), has explained that the matter is not finalised.
Ruggles Ferguson said that the court granted leave or permission to proceed and also granted interim relief to remove certain clauses in the contract signed with vendors. “Spicemas is not to include those clauses in the contract and they gave an interim declaration stating that to put those clauses in the contract will be in violation of the Public Procurement Act,” Ferguson said after exiting the judge’s chambers.
The company is claiming that a vendor had written instructions on the vending agreement that it should not sell the competing branded water product.
Sharing some light on the injunction, Ferguson said “What we are contending is that the procedure adopted by Spicemas to secure contracts for carnival was wrong, and ultimately we are seeking certain declarations reflecting that they did not go about it the right way, and the manner in which they did it effectively excluded the sale of Mount Pure products for the main carnival activities.”
Elaborating further, Ferguson said the water company is contending that the contract they entered into is void because as a public entity, the Spicemas Corporation failed to comply with guidelines in the public procurement and contract administration legislation.
Ferguson made it clear that the court has not finalised the matter. “The court has not finally determined that matter,” said Ferguson who explained that the individuals in the matter should proceed with legal advice.
When asked if the matter will be solved before carnival 2019 which concludes the second Tuesday in August, Ferguson said, “We are contending the process is illegal, as you know now, carnival is just two, three weeks away and because of the process, the court will not be able to determine that matter finally, so that is up in the air as to whether or not it could be done.”
The judicial review proceedings will have to be filed within 14 days.
That matter is a closed slam dunk. The Public Procurement and Tender legislations takes precedence over any contract unless the procurement process is held privately for national security reasons (eg: the purchasing of arms and weapons for the force)