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| National |
| Injunction threatens opening of hospitals |
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by
Mc Donald Chapalapata, 18 August 2004
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16:32:30
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Opening of new Thyolo and Chiradzulu district hospitals is in limbo following a court injunction obtained by a Lilongwe-based businessman David Bisnowaty to stop the projects over medical supplies deal.
Court documents indicate that Bisnowaty obtained the injunction on March 19,2004 through his lawyer Manuel Theu.
Bisnowaty is contending that there was a breach of contract between his Medical Consultant Africa Limited and Holland based Globe Corporation BV which won a contract to purchase and instal medical and laboratory equipment for the two multi-million kwacha hospitals.
The injunction is still haunting the Ministry of Health, who have doubts on the opening of the two hospitals.
“Since Globe Corporation BV is the company selected to purchase the medical and laboratory equipment for both Thyolo and Chiradzulu district hospitals, it is essential that this matter be resolved with the greatest urgency, otherwise the opening of the hospitals will be seriously compromised and lives endangered,” reads a letter dated March 25, 2004 from Secretary for Health Richard Pendame to the then Secretary to the Treasury Patrick Chilambe.
Court sources said Globe Corporation BV , through their lawyers Savjani & Company, have been trying to remove the injunction but the case has faced many adjournments in the past.
Senior Deputy Registrar Joseph Manyungwa said on Tuesday the case has been scheduled for August 26 before Judge Richard Chinangwa at the Lilongwe High Court District Registry.
Pendame said in an interview on Tuesday government planned to open the two hospitals between October and November this year.
“But it depends on how the court is going to work on the case,” said Pendame.
Bisnowaty claims in a statement that one Marco Dassen, a representative of Globe Corporation BV visited Malawi and appointed Medical Consultants Africa Limited as their sole and exclusive agents in Malawi in respect of a tender for the supply and installation of various items in the two new hospitals which were funded by the European Union (EU).
Bisnowaty claims Globe Corporation BV breached the agency agreement by failing to disclose the amount of contract it got from the project.
Globe Corporation BV lawyers claim that their clients did not enter into the alleged oral agreement or any agreement with Medical Consultants Africa Limited and also denied that Dassen’s visit to Malawi was to arrange for the agreement but rather to familiarise himself with the EU project and its requirements.
The two hospitals are expected to cater for the country’s most populous part.
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