A MOTSWANA firm has dragged the United Nations Children’s Education Fund (Unicef) to court over a misunderstanding emanating from a contract to rehabilitate water supply and sewer systems in Plumtree Town.
This emerged after former Foreign Affairs and International Trade minister Frederick Shava filed an application for rescission of judgment against Destiny Ventures of Botswana.
The application was made even though the ministry was not a party to the contract agreement.
Destiny Ventures Limited Botswana had instituted proceedings in the High Court under case No HC 741/21 against Unicef over a contractual obligation misunderstanding.
A default judgment was granted in favour of the Destiny Ventures company in July 2022.
According to court papers, on August 20, 2012, Unicef entered into a contract with Destiny Ventures to undertake rehabilitation of water supply and sewer systems in Plumtree Town in Zimbabwe.
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A dispute arose over outstanding payment claimed by Destiny Ventures against the UN agency.
Unicef reportedly refused to pay and claimed damages against Destiny Ventures for unfinished work which had to be completed by other contractors.
The dispute was referred for arbitration and was presided over by Mohammed Abdal Raouf who issued an award in favour of Destiny Ventures.
Destiny Ventures then filed for default judgment and was granted the order sought.
However, the ministry was not a party to the case, but Shava applied for rescission.
Destiny Ventures argued that the ministry cannot validly at law seek rescission of the judgment.
In his ruling, High Court judge Justice Tawanda Chitapi said the court was satisfied that there was good and sufficient cause to rescind the order.
The judge said Unicef was a member of the United Nations and enjoyed the privileges and immunities provided in the 1948 convention.
Shava also sought rescission of the default judgment not based on having been a party to that suit but as an interested party on behalf of the government.
He submitted that he was obliged in terms of international law to protect the interests of international organisations in Zimbabwe.
Justice Chitapi said government was duty-bound to intervene in cases involving conduct which impacted on the privileges and immunities of United Nations bodies.
“Rescission of default judgment is a remedy in which the court exercises judicious discretion in considering whether to grant or refuse rescission,” he said.
“I hold that the applicant has shown good and sufficient cause for the grant of the relief of rescission of the default judgment. The issues involved in this matter are international and have to do with the observance of United Nations member States relationships.
“Accordingly, it is ordered that the default judgment dated 7 July, 2021, entered against Unicef in case No HC 741/21 is hereby set aside with costs in the cause.”