The Eswatini Consumer Forum (ECOF), which is currently challenging the Central Bank of Eswatini’s (CBE) E2.79 billion headquarters project in the High Court, cannot be found at the address it provided to the court, it has been alleged.
The project’s contractor claims the organisation appears to exist only on paper.
In an answering affidavit, the contractor argued that ECOF lacks legal standing and asked the High Court to dismiss its urgent application with punitive costs.
Stefanutti Stocks Construction Eswatini (Pty) Ltd Managing Director Billy-Joe Howes argued that the circumstances raised questions about ECOF’s existence as an operational organisation and its entitlement to litigate in the matter.
He alleged that attorneys representing the respondents attempted to locate ECOF’s offices at the address cited in the founding papers but were unsuccessful.
According to Howes, a candidate attorney employed by the respondents’ legal representatives visited the address yesterday and conducted what was described as a diligent search. The affidavit stated that the landlord of the premises informed the attorney that ECOF was not a tenant in the building.
“I am informed that on July 8, Ms Nsibandze, a candidate attorney in the employ of the respondents’ attorneys, went to the address cited by ECOF. Despite a diligent search, ECOF’s offices could not be located. Ms Nsibandze spoke to the landlord of the building cited by ECOF as its address and was told by the landlord that ECOF was not a tenant.
“An affidavit by Ms Nsibandze confirming this will be filed. It, therefore, seems that ECOF is an entity only on paper, without an office, and is seeking to advance an issue in which it has no interest,” he said.
The respondents maintained that ECOF had no legal standing to challenge the tender award because it neither participated in the procurement process nor possesses any direct legal interest in the project.
According to the affidavit, ECOF is not a disappointed bidder, contractor or stakeholder directly affected by the award, but instead presents itself as a public interest organisation seeking to intervene in procurement matters.
Howes argued that the organisation had failed to produce its constitution, founding documents or proof of registration to establish its legal existence and mandate.
He further submitted that ECOF had not produced any board resolution authorising the institution of the court proceedings or empowering the deponent to litigate on its behalf.
The respondents therefore contend that the court has no evidence confirming that ECOF lawfully authorised the application.
In a comprehensive answering affidavit filed before the High Court, the fourth, fifth and sixth respondents — Ingcebo Joint Venture, Stefanutti Stocks Eswatini (Pty) Ltd and Stefanutti Stocks Construction Eswatini (Pty) Ltd — contended that ECOF had failed to establish urgency, lacks the legal standing to institute the proceedings and has ignored the enormous financial and socio-economic consequences that would follow if the court grants an interim interdict.
The respondents further argued that construction of the Central Bank headquarters is already at an advanced stage after nearly eight months of work, making it impractical and extremely costly to suspend the project pending determination of ECOF’s review application.
Howes, who deposed the affidavit on behalf of the respondents, said the application was launched under what he described as oppressive timelines, leaving the respondents with only two days to respond to a 169-page court application before appearing in court.
He argued that the truncated timetable deprived the respondents of a fair opportunity to prepare their defence in a matter involving complex factual and legal issues surrounding one of the country’s largest public infrastructure projects.
“The respondents have been compelled to deal with this matter under enormously oppressive deadlines,” Howes stated.
