Eskom to lodge Constitutional Court appeal on Koeberg contract
State-owned power utility Eskom has confirmed that it will approach the Constitutional Court next week to appeal a Supreme Court of Appeal (SCA) ruling, which found that the company’s board tender committee (BTC) had acted unlawfully in awarding a R4.3-billion Koeberg contract to Areva, in September 2014.
The SCA judgment followed an appeal by Westinghouse Electric Company of an earlier High Court ruling in favour of Eskom.
The court found that the BTC had been wrong to take account of considerations not included as adjudication criteria in the original tender, but it refrained from substituting Westinghouse for Areva or interdicting the contract from proceeding. Instead it referred the tender for six new steam generators for the Koeberg nuclear power plant back to Eskom for reconsideration.
Group executive for generation Matshela Koko told Engineering News Online that, following a review of the December 9 judgment, Eskom had decided to take the matter to the Constitutional Court.
Legal papers had been prepared and should be lodged on Monday, January 18.
Koko said that, in the meantime, the contract was proceeding in line with Eskom’s programme for installing the new steam generators during scheduled shutdowns of the two Koeberg units in 2018.
Manufacturing of the steam generators began in September, with the work being undertaken in China under Areva supervision and to an Areva design.
The steam generators were expected to be delivered to the Koeberg site before the end of 2017 for installation during 2018.
“So we will appeal and we will continue to implement the contract,” Koko said, without disclosing the nature of its arguments to the Constitutional Court.
Comments
Research Reports
Projects
Latest Multimedia
Latest News
Showroom
Weir Minerals Europe, Middle East and Africa is a global supplier of excellent minerals solutions, including pumps, valves, hydrocyclones,...
VISIT SHOWROOM
Rittal is a world leading provider of top-quality integrated systems for enclosures, power distribution, climate control, IT infrastructure and...
VISIT SHOWROOM
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation
