Ricochet News

High Court upholds TNPA decision regarding eviction of Mossel Bay Yacht Club

May 4, 2018
High Court upholds TNPA decision regarding eviction of Mossel Bay Yacht Club

Transnet National Ports Authority’s (TNPA) Port of Mossel Bay on Friday confirmed that it has issued a notice to the Mossel Bay Yacht Club (MBYC) to vacate its port premises by the end of May 2018.

It said that this in accordance with the terms of a High Court order dated 30 April 2018 which dismissed the application by MBYC to review and set aside the lease application awarded by TNPA to successor lessee Mossel Bay Waterfront Pty Ltd in October 2016.

Port of Mossel Bay Port Manager, Shadrack Tshikalange, said TNPA welcomed the judgement.

“We are confident that this decision will enable the port and the new lessee – through its strong business model – to provide all members of society with an equal opportunity to participate in port activities.

This is in line with TNPA’s Smart People’s Ports vision, which includes promoting greater public access and ensuring a vibrant port system that connects local communities to port activities,” he said.

The tender was awarded to the Mossel Bay Waterfront, a Mossel Bay based, woman-owned micro-enterprise.

Judge AJ Langa in his judgment said: “Judged against the values of fairness, equitableness, transparency, competitiveness and effectiveness, the third respondent’s [Mossel Bay Waterfront] tender complies with all the specifications and conditions of tender as set out in the contract documents.”

He found that the tender was neither unreasonable nor irrational and that the Mossel Bay Waterfront’s bid was fully compliant with the terms of the lease.

MBYC had occupied premises within the port on a lease agreement which continued on a month to month basis by agreement until a new tender was advertised for the premises in August 2016. MBYC and Mossel Bay Waterfront were the only contesting bidders for the new tender which was subsequently awarded to Mossel Bay Waterfront.

The High Court found that points awarded in the tender process to Mossel Bay Waterfront were justified for new skills development, job creation and/or preservation, small business promotion and rural / community development and regional integration.

MBYC is required to vacate the premises by 31 May 2018.

As ports landlord, TNPA operates within a legislative and regulatory environment created by the National Ports Act No.12 of 2005. This requires the Authority to follow a public process for service providers looking to provide port services and facilities.

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