Millions of KwaZulu-Natal children could go hungry.
A group of businesspeople and companies interdicted the Education MEC Mthandeni Dlungwana, from awarding new tenders for the National School Nutrition Programme (NSNP) – which feeds 2.2 million children at 5 250 schools in the province – pending the outcome of an internal appeal.
The Pietermaritzburg High Court ordered “current” service providers to continue operating under the terms of their “existing” service level agreements and interdicted new service providers from working.
But the problem, according to the Department of Education, is that contracts of “current” service providers referred to expired last month.
The department confirmed this in a statement yesterday afternoon.
However, the department said the meals would be provided.
“One way or another, they will have food,” spokesperson Kwazi Mthethwa said.
He said the department's legal team was dealing with the matter and would go to court to challenge the order as soon as possible.
The case centres on allegations of irregularities in the awarding of new tenders, valued at R1.4 billion.
Zimele Kwanele Mthenjana, one of the former service providers, said in her founding affidavit that some companies were incorporated after the closing date for the issue of bid documents, on December 9. She said there was improper compliance. But regardless, she went on, the MEC published a notice indicating intention to award contracts in terms of tenders at the end of June.
“My attorneys on record did preliminary investigations of the companies… A company search revealed there are significant issues in respect of many of them… some (don't exist), some are in the process of deregistration or have not paid annual returns and so on.”
She said the process was not transparent, calling it “corrupt”. “These are matters which can be clearly ventilated and examined once all the documentation is provided and reasons furnished for the failure to award the bid to (us),” she said.
New service providers took operations this week but the process faltered, with late food deliveries on Monday and Tuesday, meaning some children went without food.
Regarding the interdict, the department said it received no notice that it was being taken to court. “It would also appear that the interim order interdicts the entire tender process, notwithstanding that, only a handful of bids have been taken on appeal.”