12. Specific
Performance
13. Minor Breach
14. BATNA
15. Procurement
Methods
L. During flash floods, the Office of the Prime Minister uses
emergency procurement instead of open bidding to source tents
and food for affected communities.
N. NamPower and a South African turbine supplier disagree over
penalties for project delays. Their contract states that any
disputes must be referred to an independent panel in
Johannesburg, whose final ruling both parties must legally follow.
M. Namibia Breweries receives a shipment of bottles one week
late; production continues, but the delay triggers increased
overtime costs for factory workers.
O. A local contractor sues the Ministry of Works in the High Court
after payment delays cripple a rural school construction project,
with taxpayers ultimately footing the legal bill.
SECTION A: 20 TOTAL MARKS
SECTION B: STRUCTURED QUESTIONS
QUESTION 2 {20 MARKS)
A recent newspaper article reported that Namibia Transport Holdings signed a N$30 million
contract with a logistics company to supply 50 new buses for the public transport system in
Windhoek by March 2025. The buses were meant to reduce congestion and improve access
for commuters. However, only 15 buses had arrived by the delivery date, and several did not
meet the agreed safety and quality standards. The delay has caused operational disruptions,
loss of revenue, and frustration among commuters facing transport shortages. Namibia
Transport Holdings is now exploring possible legal remedies to address the breach of contract.
Based on the provided newspaper article, practically discuss any six potential remedies for
breach of contract, referring to the case scenario in your answer?
(20 Marks)
QUESTION 3 {36 MARKS)
CVB Manufacturing, a major automobile company, is procuring specialised machinery for its
production facility. The company has entered into contractual negotiations with multiple
suppliers to secure the required equipment. Each supplier has proposed different terms and
pricing structures, highlighting the need for a variety of procurement contract types. As part
of these negotiations, CVB Manufacturing and its suppliers are addressing several key issues,
with both parties aiming to safeguard their interests and ensure the smooth and successful
execution of the contracts.
3.1 Briefly discuss four contractual agreements commonly used between buyers and suppliers
in procurement. For each type of contract, explain the context in which it is most often applied
and outline the benefits it offers either to the buyer or the supplier?
(20 marks)
3