School Nutrition Debacle: ActionSA Calls for Immediate Termination of NSNP Supplier’s Contract After Contract Breach

23 April 2023

ActionSA is formally calling for the immediate termination of the National School Nutrition Programme (NSNP) supplier’s contract due to its breach after the supplier failed to deliver food to thousands of schools in KwaZulu-Natal, leaving millions of children to go without meals at schools for days on end.

Under section 25(1) “Termination for Default” of the contract stipulates that the contract can be voided for the following reasons:

a)     If the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchase;

b)     if the supplier fails to perform any other obligation(s) under the contract; or

c)     if the supplier, in the judgement of the purchaser, has engaged in corruption or fraudulent practices in competing for or executing the contract

ActionSA believes that the current non-performance meets the aforementioned criteria for this contract to be immediately terminated. It would be a travesty to allow this situation to persist with the current company at the expense of scores of learners in the province.

While conducting our own investigations into this matter, we uncovered multiple omissions by the Department of Education, such as:

a)     The Department of Education did not inspect the warehouse prior to this contract roll out to see if the product being procured is Private Label.

b)     The service provider does not have the financial capacity to do the job and was not vetted properly by the Department prior to the contract being awarded.

c)     The service provider misled the Department and stated that they have 56 collection points across the province, which has been found to be untrue.

d)     The food stored in the warehouse is not of the grade required as per the specifications contained in the tender documents.

While we appreciate the Premier, Nomusa Dube-Ncube’s efforts to call for an internal investigation into the matter, we, however, call for a forensic investigation by an independent body to satisfy ourselves, KZN parents and learners that there is no undue political interference into the investigation borne out of a possible conflict of interest.

Today we wrote to the Premier’s office seeking an urgent forensic investigation into the matter in order to seek facts and evidence which can be utilised in a court of law so that those responsible for this disaster face justice and have urgently requested written feedback within 7 days hereof.

Issued by Zwakele Mncwango, ActionSA KZN Provincial Chairperson, 24 April 2023