![Government questions TransNamib's deal with D&M Rail](https://investigations.namibian.com.na/wp-content/uploads/2016/07/Government-questions-TransNamibs-deal-with-DM-Rail.jpg)
By Ndanki Kahiurika | 19 July 2016
THE WORKS ministry has questioned a multi-million-dollar open-ended agreement between TransNamib and D&M Rail for the rehabilitation of the Kranzberg-Tsumeb railway line.
Documents seen by The Namibian show that the works ministry had approached the Office of the Attorney General in January this year, asking for advice about the validity of the agreement that TransNamib had with D&M, and if it could be nullified.
D&M is owned by attorney general Sacky Shanghala’s friend and business partner James Hatuikulipi as well as John Walenga, among others.
TransNamib had entered into an agreement with D&M in 2014, where they agreed that D&M would be the appointed contractor to undertake rail maintenance and heavy repairs.
Together, they formed Namibia Rail Construction in 2014, in which TransNamib holds 51% ownership, while D&M Rail and Construction owns 49%.
Over N$400 million has been spent on emergency repairs since 2012 when D&M rail and TransNamib had signed a four- months’ contract for emergency repairs.
Acting TransNamib chief executive officer Hippy Tjivikua had written to permanent secretary of works Willem Goeiemann on 1 January 2016, saying the agreements he had signed with D&M were borne out of a desperate situation in which TransNamib found itself back in 2012.
He confirmed the content of the letter in an interview with The Namibian yesterday.
Tjivikua said TransNamib had experienced seven derailments in a matter of two months due to the poor condition of the rails and needed urgent help, hence the agreement to have D&M Rail fix the railways. As a result of this, TransNamib signed an agreement with D&M on 1 December 2012 which ended on 31 March 2013, after which another preliminary agreement was signed to keep the railways running.
The latest agreement, signed in 2014, is worth N$100 million a year.
Windhoek Consulting Engineers’ (WCE) Victor Rieger told The Namibian yesterday that D&M Rail has only been doing emergency repairs since 2012, and has not yet started on the rehabilitation of the railway.
WCE was appointed by the works ministry to carry out supervision on the work done by D&M Rail.
Rieger also said the agreement had not included a stipulated time frame in which it should come to an end because the ministry was not sure whether they would have enough money for the project in each year’s budget.
The works ministry had wanted to award the tender to four other companies, but its hands were tied as TransNamib had already entered into an agreement with D&M.
Shanghala did not shy away from giving advice on the contract, although he is facing a conflict of interest due to his partnership with Hatuikulipi, saying the works ministry cannot get out of the agreement as only TransNamib has the power to end it.
Shanghala, who disputed that his advice was compromised as it involved a company owned by his partner, had told the government that: “It is fruitless to question the validity of this agreement”.
He told The Namibian that the agreement was crafted with the utmost integrity.
TransNamib has autonomous power over the country’s railway structures, as per the National Transport Services Holding Company Act of 1998 to manage the railways, and be responsible for the costs.
The company can also bypass tender board regulations and enter into agreements with any person, organisation and authority. Another agreement with government which gives TransNamib powers to negotiate on its own is the Railway Management Agreement of 2001, which is still valid.
Shanghala warned the government that it could be taken to court if it terminates TransNamib’s contract with D&M Rail.
“It is […] advisable that caution be taken in seeking to terminate without justification, as such would necessarily attract sanction from our courts,” he said.
The works ministry had hoped to find ways to terminate the agreement because of the omission of the time frame.
However, Shanghala said “that the 2014 agreement lacks the stipulation of a definitive time period is generally not a requirement for the validity of a contract, and as a matter of fact, such omission may have been deliberate”.
He said this does not mean the agreement ‘will last until Jesus comes’, but for a reasonable time.
During the same time that the works ministry sought Shanghala’s advice, it also requested TransNamib to submit a report on the status of the 2014 agreement and Namrail.
Tjivikua said TransNamib appreciates, cherishes and is comfortable with “these symbiotic relationships. Besides, Namrail has won tenders, and has been participating in various private projects.
“TransNamib is of the opinion that it should be given preference to carry out such work because it is a state-owned company, in a similar fashion that the Roads Contractor Company has been empowered to supply ballast for construction projects,” Tjivikua stated.
The works ministry did not respond to questions sent to them last Wednesday.
pin up casino: pin up casino – pin-up kazino
pin up giris https://azerbaijancuisine.com/# pin-up oyunu
pin up casino az
https://northern-doctors.org/# medicine in mexico pharmacies
buying prescription drugs in mexico: mexican rx online – purple pharmacy mexico price list
mexican drugstore online northern doctors pharmacy mexican drugstore online
http://northern-doctors.org/# buying from online mexican pharmacy
buying from online mexican pharmacy: mexican pharmacy – mexican mail order pharmacies
https://northern-doctors.org/# reputable mexican pharmacies online
https://northern-doctors.org/# mexico pharmacies prescription drugs
purple pharmacy mexico price list: best online pharmacies in mexico – medicine in mexico pharmacies
reputable mexican pharmacies online: mexican pharmacy – mexican border pharmacies shipping to usa
https://northern-doctors.org/# reputable mexican pharmacies online
mexican online pharmacies prescription drugs Mexico pharmacy that ship to usa mexican border pharmacies shipping to usa
buying prescription drugs in mexico: mexican northern doctors – reputable mexican pharmacies online
http://northern-doctors.org/# mexico pharmacy
mexican rx online: mexican pharmacy – reputable mexican pharmacies online
mexico drug stores pharmacies: mexican pharmacy online – purple pharmacy mexico price list
https://northern-doctors.org/# mexican pharmaceuticals online
mexican rx online: mexican pharmacy northern doctors – mexican mail order pharmacies
best online pharmacies in mexico: mexican pharmacy – mexico pharmacy
best online pharmacies in mexico Mexico pharmacy that ship to usa best online pharmacies in mexico
mexico pharmacy: mexican pharmacy online – buying prescription drugs in mexico
https://northern-doctors.org/# mexican mail order pharmacies
mexico pharmacies prescription drugs: northern doctors – mexican rx online
https://northern-doctors.org/# mexican drugstore online
mexico pharmacy: mexican pharmacy online – buying prescription drugs in mexico
medication from mexico pharmacy mexican pharmacy online pharmacies in mexico that ship to usa
mexican online pharmacies prescription drugs: Mexico pharmacy that ship to usa – mexico drug stores pharmacies
https://northern-doctors.org/# mexico pharmacy
mexican pharmaceuticals online: northern doctors pharmacy – medication from mexico pharmacy
https://northern-doctors.org/# medicine in mexico pharmacies
buying from online mexican pharmacy: mexican border pharmacies shipping to usa – mexican pharmaceuticals online
reputable mexican pharmacies online: mexican pharmacy online – mexico drug stores pharmacies
http://northern-doctors.org/# medication from mexico pharmacy
pharmacies in mexico that ship to usa: mexico pharmacy – medication from mexico pharmacy
mexican mail order pharmacies mexican northern doctors п»їbest mexican online pharmacies
http://northern-doctors.org/# mexico pharmacies prescription drugs
mexico pharmacies prescription drugs: mexican northern doctors – mexican online pharmacies prescription drugs
medicine in mexico pharmacies: mexico pharmacies prescription drugs – mexico pharmacy
https://northern-doctors.org/# medication from mexico pharmacy
buying prescription drugs in mexico: northern doctors – mexican drugstore online
mexican border pharmacies shipping to usa: mexican northern doctors – buying prescription drugs in mexico online
https://northern-doctors.org/# п»їbest mexican online pharmacies
mexican pharmacy: Mexico pharmacy that ship to usa – mexican drugstore online
https://northern-doctors.org/# mexican online pharmacies prescription drugs
mexico drug stores pharmacies mexican pharmacy northern doctors purple pharmacy mexico price list
buying prescription drugs in mexico: Mexico pharmacy that ship to usa – mexican online pharmacies prescription drugs
mexico pharmacy: northern doctors – mexican border pharmacies shipping to usa
https://northern-doctors.org/# mexican mail order pharmacies
mexico drug stores pharmacies: mexican pharmacy – purple pharmacy mexico price list
https://northern-doctors.org/# mexican mail order pharmacies
best online pharmacies in mexico: mexico drug stores pharmacies – mexico drug stores pharmacies
http://northern-doctors.org/# medicine in mexico pharmacies
mexican pharmaceuticals online: mexican pharmacy – mexican border pharmacies shipping to usa
mexico drug stores pharmacies mexican pharmacy mexican border pharmacies shipping to usa
mexican rx online: mexican pharmacy online – buying prescription drugs in mexico online
https://northern-doctors.org/# pharmacies in mexico that ship to usa
pharmacies in mexico that ship to usa mexican pharmacy online buying prescription drugs in mexico
https://cmqpharma.com/# pharmacies in mexico that ship to usa
purple pharmacy mexico price list
mexican pharmacy mexican pharmacy online pharmacies in mexico that ship to usa
buying from online mexican pharmacy: cmq pharma – mexico pharmacies prescription drugs
mexico pharmacies prescription drugs mexican pharmacy medication from mexico pharmacy
medication from mexico pharmacy
http://cmqpharma.com/# mexican border pharmacies shipping to usa
mexican online pharmacies prescription drugs
mexican online pharmacies prescription drugs mexico pharmacies prescription drugs mexican rx online
mexican border pharmacies shipping to usa cmq pharma buying prescription drugs in mexico online
mexico pharmacy cmqpharma.com pharmacies in mexico that ship to usa
pharmacies in mexico that ship to usa cmq mexican pharmacy online mexican border pharmacies shipping to usa
https://cmqpharma.com/# buying from online mexican pharmacy
mexico pharmacy
I like what you guys are up also. Such clever work and reporting! Keep up the excellent works guys I?¦ve incorporated you guys to my blogroll. I think it will improve the value of my web site 🙂
mexican border pharmacies shipping to usa: medicine in mexico pharmacies – buying prescription drugs in mexico
mexico drug stores pharmacies
https://cmqpharma.online/# mexican drugstore online
medicine in mexico pharmacies
safe online pharmacies in canada: canadian pharmacy online – cross border pharmacy canada
http://indiapharmast.com/# top 10 online pharmacy in india
best online pharmacy india: п»їlegitimate online pharmacies india – top online pharmacy india
best online pharmacies in mexico п»їbest mexican online pharmacies medication from mexico pharmacy
canadian drug pharmacy: canadian pharmacy victoza – canadapharmacyonline legit
indian pharmacy: buy prescription drugs from india – Online medicine order
best india pharmacy: online shopping pharmacy india – india pharmacy
online shopping pharmacy india best online pharmacy india mail order pharmacy india
https://foruspharma.com/# reputable mexican pharmacies online
canadian world pharmacy: canadian pharmacy – canada drugs online review
canadianpharmacyworld com: canadian pharmacy tampa – legitimate canadian mail order pharmacy
mexican drugstore online: best online pharmacies in mexico – pharmacies in mexico that ship to usa
indian pharmacies safe indian pharmacy online top 10 pharmacies in india
https://foruspharma.com/# mexico drug stores pharmacies
indian pharmacy online: best online pharmacy india – indianpharmacy com
purple pharmacy mexico price list: reputable mexican pharmacies online – mexican drugstore online
my canadian pharmacy rx: canada rx pharmacy – my canadian pharmacy rx
where can i get amoxicillin 500 mg: buying amoxicillin in mexico – amoxicillin 500 capsule
https://clomiddelivery.pro/# can you buy clomid prices
https://doxycyclinedelivery.pro/# order doxycycline online canada
cipro online no prescription in the usa: ciprofloxacin generic price – п»їcipro generic
http://paxloviddelivery.pro/# paxlovid covid
doxycycline cost in india: doxycycline 100mg tabs – doxycycline over the counter south africa
http://amoxildelivery.pro/# can i buy amoxicillin online
http://doxycyclinedelivery.pro/# where can i order doxycycline
buy generic ciprofloxacin: ciprofloxacin mail online – buy ciprofloxacin over the counter
https://amoxildelivery.pro/# prescription for amoxicillin
https://ciprodelivery.pro/# where can i buy cipro online
where can i buy generic clomid without dr prescription: where to get clomid without rx – can i order generic clomid no prescription
https://ciprodelivery.pro/# ciprofloxacin order online
cipro: buy cipro online – ciprofloxacin order online
buy cipro online usa: ciprofloxacin generic – buy cipro online