14 January 2016

South Africa: A Very Tender Process - Eskom Koeberg Contract Ruled 'Unlawful'

analysis

Could there be any safety issues arising from delays in the Koeberg steam generator replacement project, and continued operation of the Koeberg reactors beyond the planned outage deadline of June 2018 for the replacement of the steam generators? That is one of the questions Eskom is simply not prepared to answer publicly at this stage. By AIMEE CLARKE and CHRIS YELLAND.

The spotlight of controversy continues to shine on an Eskom contract with Areva to replace six steam generators at its Koeberg nuclear power station, which was set aside and ruled as "unlawful" and "unfair" in a scathing judgement by the Supreme Court of Appeal (SCA) on 8 December 2015.

However, Eskom has refused to answer questions on the implications of the judgment, except to say (on 12 January 2015) that it has now reached a firm decision to apply for leave to appeal the judgment at the Constitutional Court, and that its lawyers are currently preparing the appeal papers. "As a result, it would not only be premature, but also inappropriate for Eskom to respond to the balance of your questions at this stage," said Eskom spokesman, Khulu Phasiwe.

Of course there should, indeed, be serious concerns in respect...

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