MHLATANE SUED FOR E322 000

MBABANE - Mhlatane High School has joined the list of schools which are being sued by suppliers.

CB Office Automation (PTY) Limited has since instituted legal proceedings against the Pigg’s Peak based school where it is demanding E322 807.54
The company deals in the supply, service and repairs of photocopiers, computers, laser printers, laminating machines, franking machines, letter openers, binding machines, office furniture, document shredders and cash registered.

In its particulars of claim, the company averred that the aforementioned amount was in respect of goods it sold and delivered to the school at its special instance and request.

It is alleged that despite several demands, the defendant (Mhlatane High School) failed, neglected and/or refused to pay the company the sum of E322 807.54.
The matter is still pending at the High Court and the school is yet to file its papers in the event it is disputing the claim against it.
In the past weeks, the High Court has been flooded with a litany of lawsuits by suppliers against schools.

One of the schools which is also being sued by a supplier is Lubombo Central Primary School. The service provider is demanding E375 000.

Instituted

Mkhuntjane Investment (PTY) Limited, Patrick Hendrick Construction and Survey Joint Venture have since instituted legal proceedings against the school and the ministry where they are demanding the aforementioned amount.

Other defendants in the matter are, the head teacher of the school, Solomon Mabila and the attorney general.

In its particulars of claim, the plaintiff (Mkhuntjane Investment (PTY) Limited, Patrick Hendrick Construction and Survey Joint Venture) alleged that on December 19, 2017 it concluded an oral agreement with the school and the ministry of Education and Training.

The company alleged that it was awarded a tender for the construction of 14 book shelves at E190 950, removal and repair of floor tiles at E22 800, completion of storeroom, deputy’s office and for paving the office front area at E170 000.
According to the plaintiff, the total amount that was payable in terms of the tender awarded was E375 750.

Agreed

It was further alleged by the plaintiff that it was agreed that the total amount was to be paid upon completion of the repairs and construction in terms of the tender award and the agreement.

The company submitted that it rendered all the requisite services in adherence with the oral tender agreement and on June 2018, the construction and repairs were duly completed.

In its particulars of claim, the company averred that the 14 book shelves were constructed, completed and delivered to the head teacher; the floor tiles at the school were duly removed and replaced with new ones to the satisfaction of the head teacher; the store room was constructed to completion together with the deputy’s office and keys were handed to the head teacher on or about June 2018.

Lastly, the plaintiff claimed that as per the agreement, the front area of the deputy’s office was paved. “The school and the ministry of Education and Training, in breach of the oral tender agreement, refuse and/or fail to make the payment of E375 750 as per the agreement concluded on December 19, 2017,” the plantiff claims.

Defendants

The company informed the court that the defendants only paid it a sum of E10 000.
It contended that the amount of E375 750 was now due, owing and payable.  The plaintiff told the court that it had been put out of pocket in instituting these proceedings for a claim the defendants knew.

The company wants the court to direct the school and government to pay the money with an interest of nine per cent.
The matter is still pending at the High Court and the defendants are yet to file their papers in the event they ate disputing the claim against them.
The school is represented by lawyers from MLK Ndlangamandla Attorneys in Mbabane.

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