MEC dealt a huge blow in bid to challenge R10.4 million payment

THE Western Cape High Court has turned down the Department of Infrastructure MEC Tertius Simmers' latest bid to appeal a R10.4 million judgment in favour of Tempani Construction.

- CHEVON BOOYSEN

The court also denied his request to appeal the entire judgment and order issued on September 15.

This recent decision is a major blow in the department's ongoing legal fight over payment for the Delft community day centre (Delft project), which was finished nearly six years ago.

The court order followed an arbitration process, in which the MEC was ordered to pay the construction company the sum of R10,420,365.61 plus VAT. The project was completed in August 2017.

Despite an adjudicator's determination that payment was due, the MEC has repeatedly refused to honour the debt. The MEC, however, maintained the argument that the parties had agreed to a two-tiered dispute mechanism, allegedly through an addendum contract that included an adjudication and arbitration process.