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SKJ
SKJ
SKJ - Sekunjalo Investments Limited - Sekunjalo Consortium Media anouncement -
23 February 2012
Sekunjalo Investments Limited
(Incorporated in the Republic of South Africa)
Registration number 1996/006093/06
Share code: SKJ
ISIN: ZAE000017893
("Sekunjalo" or "the Company")
SEKUNJALO CONSORTIUM MEDIA ANOUNCEMENT - 23 FEBRUARY 2012
Extract from Sekunjalo`s letter to the Department of Agriculture, Forestry and
Fisheries:
The award by the Department of Agriculture, Forestry and Fisheries of the tender
to our consortium relating to the manning, operation and maintenance of the
research and patrol vessels of the Department, is the subject of review
proceedings brought by the current provider of these services.
It is evident from the papers in those proceedings that the challenges to the
award of the tender to our consortium all relate to the tendering processes and
procedures followed by the Department. Our consortium, is regrettably the
innocent third party in those proceedings. Notwithstanding this, however, our
consortium, its participants and its executives have been subjected to a
slanderous and misguided media attack, and we have remained silent in the face
of such attack as the review proceedings are sub judice. At this juncture, we
must point out that there can be no doubt that we followed the letter of the law
and all due processes in the completion of our tender submission, and whilst we
have decided not to oppose the aforementioned review proceedings on the basis
that it relates essentially to a dispute between the Department and the current
service provider, our decision is under no circumstances whatsoever to be
construed as an acknowledgement or acceptance that the unfounded grounds of
review raised in such proceedings are valid or correct. In this regard, we
record that we reject any statements that have been made, or which may be made
in the future, both by the media and other third parties, which attempt to
convey views which are contrary to that which have been set out hereinabove.
Given the aforegoing, our attorneys have addressed correspondence to the
attorneys acting for the current service provider to advise that we will not be
opposing the relief sought, on the basis of that which is set out above.
Whatever the merits of the accusations and allegations against the Department in
those proceedings, it is obvious to us that the current service provider has
highlighted the completely inappropriate tender provisions in relation to an
endeavour on the part of the Department to ensure that the tender would be
awarded to the most empowered party, given the government`s BEE and
transformation imperatives.
It is apparent that the government`s transformation and empowerment programme
will never be capable of achievement if its tender requirements focus on
experience without any account being taken of the lack of transformation in this
sector until now and the physical impossibility for any new empowerment venture,
who, despite of being capable of acquiring the necessary skill set through
employment of staff and acquisitions, are deprived of the opportunity to tender.
In our case, it was made plain in our tender and indeed in all of the
presentations made as part of the tender process that notwithstanding our
exclusion from this industry in the past as part of our previously disadvantaged
history, we could acquire the necessary skill set through the taking over of
assets and employees, coupled with our commercial skills in operating some of
the largest empowered companies in South Africa.
You will certainly understand our unhappiness in participating in a tender
process which, it is now revealed, only one party could ever have satisfied.
The net result of the challenge to the grant of our contract is that the thirty
SMME`s (primarily from the townships of the Western Cape) which would have
played an integral role in the provision by us of the services under our
proposed service level agreement, will now be deprived of the opportunity of job
creation, enterprise and skills development, all of which are critical to the
success of transforming our country from its previously disadvantaged history.
The government will have to decide whether it wishes to transform the industry,
and in particular its service providers, or not. If it wishes to retain the
historical position then clearly it is manifestly unfair to continue to put out
the same tenders, because in truth there is no competitive tender in process
that can take place. The unintended consequence of an ill-thought through
tendering process and framework is that mere lip service is paid to the
statutory procurement framework under which government must operate.
We leave this decision to government.
However, what we cannot countenance is that the current situation is permitted
to play out on an indefinite basis. What is required is for the current
contract to run its course until 31 March 2012. A brand new tender process must
commence forthwith.
We will consider whether we participate in any such future tender process after
considering the terms of the tender invitation, and in particular whether it is
simply a repetition of the previous tender terms.
We sincerely trust that the Department will be able to resolve the present
impasse between itself and the current service provider and that henceforth any
tender process which is initiated by the Department for the services in
question, is one which will be open to all on an equal opportunity basis.
Cape Town
24 February 2012
Sponsor
PSG Capital
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