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Mashudu Netsianda Senior Reporter
A BULAWAYO cleaning company, Nyekile-One Penny-Half Penny (Pvt) Ltd, is locked in a protracted legal battle with Parirenyatwa Group of Hospitals after the State Procurement Board (SPB), acting on orders from the health institution, cancelled a tender for provision of cleaning services awarded to the company in 2011.

In its application filed at the Bulawayo High Court, Nyekile-One Penny-Half Penny (Pvt) Ltd through its lawyers, Matshobana Ncube of Phulu and Ncube legal practitioners, cited Parirenyatwa Group of Hospitals and the SPB as respondents.

Justice Andrew Mutema is expected to make a ruling on the matter next Monday.

Nyekile-One Penny-Half Penny provides cleaning services to government hospitals, state enterprises and private companies.

In her founding affidavit, the director of the company Sheillah Nonhlanhla Lupuwana said despite having been awarded the tender by SPB in 2011, Parirenyatwa Group of Hospitals continued resisting entering into a contract with her company on “spurious” grounds.

“In 2011, the State Procurement Board awarded a tender for cleaning services to the applicant. Parirenyatwa Group of Hospitals sought to cancel that award of the tender on some spurious grounds,” said Lupuwana.

The company then took a legal route, which sought to nullify the cancellation and an order was granted in its favour in 2012.

Nyekile-One Penny-Half Penny (Pvt) Ltd is accusing the country’s largest referral hospital of defying that court order.

“In terms of the order, the award of the tender to the applicant was confirmed by the court. The order then required SPB to allow Parirenyatwa Group of Hospitals to conclude a contract for cleaning services with the applicant,” said Lupuwana.

The order by Justice Lawrence Kamocha, which was granted on January 19, 2012, reads: “The decision of Parirenyatwa Group of Hospitals’ cancelling the awarding of the tender under number SFT/PARI/HOSP/CLN/2011 be and is hereby set aside and the respondent is directed to allow applicant to continue finalisation of the contract for the cleaning of Parirenyatwa Group of Hospitals.”

According to the court papers, Parirenyatwa Group of Hospitals has, despite the ruling, failed to enter into a contract with the cleaning services company.

“Applicant has tried to get Parirenyatwa Group of Hospitals to enter into a contract with it without success for the period of almost three years and SPB has resisted this overture by the applicant resulting in applicant approaching the court under HC117/12 to achieve the same,” said Ncube.

He said the matter was on July 2, 2014 removed from the court roll on the understanding that the parties would resolve the matter among themselves.

“Parirenyatwa Group of Hospitals has resisted entering into a contract with my client in circumstances that actually border on the contempt of court as such conduct is meant to defeat the order of the court.

“The respondent is continuously playing hide and seek with the applicant, raising unnecessary excuses,” said Ncube.

In its application, Nyekile-One Penny-Half Penny wants Parirenyatwa Group of Hospitals to bear the costs of the proceedings on an attorney client scale.

The company also seeks an order that compels Parirenyatwa Group of Hospitals to be fined $200 per day for its contempt of court for all the time it remains in such contempt. “The Sheriff of the High Court or his lawful deputy be and hereby authorised to attach sufficient of Parirenyatwa Group of Hospitals’ property to satisfy the fine and the respondent should also bear the costs of this application on an attorney-client scale,” reads the applicant’s draft order.

According to court documents, sometime in June 2011, the government through the SPB advertised a tender for provision of cleaning services at Parirenyatwa.

Nyekile-One Penny-Half Penny submitted a tender and its bid was successful.

SPB, which awarded the tender to Nyekile-One Penny-Half Penny under tender number SFT/PARI HOSP/ CLN/2011, issued a memorandum directing the cleaning company and the hospital to engage in discussions as to finalise the contract for the provision of cleaning services.