By Koviao Matuzee
A long-running High Court dispute in which engineering consultancy Burmeister & Partners is claiming about N$9.7 million from the Namibia Industrial Development Agency (NIDA) and the Ministry of Agriculture, Water and Forestry has taken another procedural step after the court issued directions on an outstanding condonation application.
High Court Judge Shafimana Ueitele ordered Burmeister & Partners to file its answering affidavit opposing the condonation application by 23 June 2026, while the defendants were directed to file a replying affidavit by 1 July 2026.
The matter was then postponed to 7 July 2026 for a status hearing to allocate a hearing date for the condonation application.
The latest order does not deal with the merits of the dispute but sets timelines for the parties before the court can determine the condonation application.
The main civil action stems from a contract awarded in June 2009, when Burmeister & Partners was appointed by the then Namibia Development Corporation (NDC), now NIDA, as project management consultant for the development of fresh produce marketing infrastructure in Windhoek, Rundu and Ongwediva.
The consultancy says it was appointed as principal agent, project manager and multidisciplinary engineering consultant for the project.
According to the particulars of claim, NDC later informed the consultancy, during a meeting attended by all parties, that the Ministry of Agriculture would be responsible for settling its invoices.
The consultancy says it thereafter invoiced the ministry directly and payments were made without objection, making NIDA and the ministry jointly liable under the agreement.
Burmeister & Partners alleges it carried out engineering and project management services between 2009 and February 2020, completing all work on the earthworks component and about 60 percent of the building and laboratory components before the project was postponed or abandoned.
The company claims it submitted invoices for work performed but says several remained unpaid despite repeated demands.
The lawsuit is divided into six separate claims covering principal agent fees, civil and structural engineering, building mechanical and electrical works, and laboratory mechanical and electrical services.
The consultancy is seeking payment of:
- N$59,104.32 for principal agent fees; • N$327,367.10 for civil and structural
engineering services;
• N$3.67 million for building mechanical services;
• N$1.99 million for building electrical
services;
• N$2.88 million for laboratory mechanical services; and
• N$1.20 million for laboratory electrical services, together with interest and legal costs.
In its summons, Burmeister & Partners argues that both NIDA, as the successor to the former Namibia Development Corporation, and the Ministry of Agriculture are jointly and severally liable for the outstanding payments. Alternatively, it seeks judgment against the ministry alone should the court find it solely responsible for payment.
The case remains pending before the High Court, with the immediate issue before the court being the determination of the condo- nation application before the main contractual dispute can proceed.
