Westinghouse Electric has withdrawn its second urgent application to the Gauteng High Court against power utility Eskom.
“Westinghouse Electric Belgium has again withdrawn an urgent application to the court where it alleged that Eskom was in contempt of a court order granted, by consent of the parties, on the 5th September 2014. This matter will now be moved to the normal court roll to be argued on a date to be allocated by the court,” said Eskom.
This related to Eskom’s awarding of a R4bn tender to Areva that will see the replacement of steam generators at the Koeberg nuclear power plant in the Western Cape.
Westinghouse had initially wanted to get an interdict to stop the parastatal from either signing a contract with Areva or implementing the contract if it had already signed it.
Westinghouse had filed an urgent application to the court in order to see documentation relating to Eskom’s awarding of the R4bn tender.
“Eskom reiterates that it has provided Westinghouse Electric Belgium, through their attorneys Webber Wentzel, all the relevant documents leading up to and forming the basis of Eskom’s decision to award the tender for the steam generator replacement at the Koeberg nuclear power station,” it said in a statement.
It said that the information was first provided as part of Eskom’s answering affidavit on 1 September 2014 and resulted in Westinghouse Electric Belgium withdrawing its interim interdict application.
Further documentation was provided on 4 September 2014, 10 September 2014 and on 14 and 15 October 2014, respectively.
The parastatal said that over 600 documents have been provided to Westinghouse Electric Belgium’s attorneys.
“In the spirit of cooperation, but without believing that it was in any way forced to do so by a court order, Eskom provided additional documents that did not form part of the court order.
“When Westinghouse’s attorneys made relentless demands for more confidential and commercially sensitive information, some of which did not even relate to the Eskom decision on 15 August 2014. Eskom resisted this high-handed approach, which it viewed as constituting an abuse of court process,” Eskom said.
The utility described Westinghouse’s approach as unfortunate.
Eskom remains prepared to defend its rights against this abuse of court process and will continue its vigorous defence of the matter when it is set down to be heard for argument.
Eskom has complied with the letter and the spirit of the order and will now focus on its preparation for the review process.